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Posts Tagged ‘unreasonable’

The blog is now back up and running, with it’s usual unpredictable schedule.

And to start off a new year, a new infringement on our rights. Unless you were buried in an avalanche for the last two weeks, you’ve heard about the purported “underwear bomber” (who, luckily, managed only to injured himself) on Christmas Day. This sent airlines and government agencies into a frenzy of bad judgement and over-reaction. So what’s new, you ask? Well, it’s not so much what’s new as what is on-going … namely the hacking away of our constitutionally amended rights. Including our right to privacy (specifically, the fourth amendment; the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures). In case you hadn’t guessed, I’m talking about the full-body scanners. (Yes, it’s a much-discussed topic at the moment, and I’m just going to have to throw my two cents in as well.) And in case you hadn’t guessed by now, I’m not a supporter.

Let me preface the heart of this by saying that I do not wholly oppose the full-body scanners. I support them as an option to the current metal detector screening process. I do not support them as a mandate and the only alternative to full-body pat-downs.

First of all, even the most effective scanner is only effective against those it actually scans. Full-body scanners were in use and available in the Amsterdam airport where the (alleged) bomber Umar Farouk Abdulmutallab boarded his flight for the United States. They certainly didn’t ward him off from a distance or go red alert as he walked into the terminal. He wasn’t suspected of criminal intent, and so he wasn’t scanned. It seems a person-by-person scanning process is as time-consuming as the metal detector queue (or moreso) so airports that do use the scanners do so with passengers who volunteer, or with passengers at random, or when someone rouses suspicion. Which Mr. Abdulmutallab did not.

Obviously, random screenings are hardly worth the effort; we would likely be as safe employing lie detectors. Because even at the absolute best, the penultimate of body scanning proficiency, it is no more effective than a metal detector and a full-body pat-down … because anyone can forego the scanner if they choose. So why the trouble and expense if the results are no different than the original conditions? Abdulmutallab’s “accessories” wouldn’t have been any easier to detect than when he went through screening at Amsterdam. And while I bet the TSA would gladly strike down that ability to choose between the scanners and the pat-down, I don’t believe it would pass legislature in the near future; it is not accepted widely enough for that. In fact, several European nations – including Belgium, Spain, Germany, and France – remain unimpressed with the scanners and unconvinced they are necessary.

According to the travel website Jaunted, the scanners are currently used in only 19 U.S. airports (listed at the bottom of this post), though the TSA intends to roughly quadruple the number of working scanners in 2010. Of course, that’s just in the States. Hundreds of international airports offer direct flights to U.S. soil … so getting everyone up to speed would be a multi-year, multi-billion dollar, multi-national project. That sounds quite easy. What could possibly go wrong? Oh, and did I forget to mention the fact that these scanners aren’t exactly accurate? How clumsy of me. Although the scan images are clear enough to violate child pornography laws, they show nothing under the skin, between sections of skin, or in orifices. Which means would-be terrorists still have plenty of options and the body scanners are, at best, mediocre in their results. Multi-billion dollar, multi-national mediocrities. Feel safer yet?

All that aside, there is still the fact that these scanners are designed to essentially strip-search thousands of innocent, law-abiding passengers (although that number will quickly rise to millions if the TSA has anything to say about it). Shouldn’t that fall somewhere under “unreasonable searches?” Especially considering you are more likely to be struck by lightning than injured in a terrorist attack in the United States. Quick, outlaw clouds! Jail anyone in possession of kites and keys! Strip-search the occupants of all vehicles and households for the presence of positive and or negative ions!

It’s ridiculous, and luckily not yet law. In fact, last summer the House of Representatives passed legislation limiting the use of the full-body scanners. But the Senate never took it up, and with Obama’s conference on airport security, I don’t expect those limits to stand long. However, what bothers me most is the American response. Countless authors of article comments and forum posts agree: “I’ll do anything the government wants if they say it’ll make me safer.”

Except we aren’t any safer. It doesn’t matter if there’s a full-body scanner on every street corner, it’s not improving the safety of passengers nor reducing the likelihood of a terrorist attack. Get over your sexually repressive phobias, supporters say, it’s just a quick naked peek and off you go, safe and secure, without even having to take your jacket off. But we aren’t any safer or more secure, and this isn’t about being digitally naked. This is about government officials wanting to mandate needless and ineffective infringements on personal freedoms protected by the Constitution’s Bill of Rights. It is the continued ruination of the singlemost important document protecting citizens’ rights which the government is supposed to answer to. Terrorists win because we allow them to win. It has nothing to do with the number of people they kill, or how they kill, or where or when. Merriam-Webster defines terrorism as “the systematic use of terror especially as a means of coercion.” Which basically translates to scaring people to force their choices or circumstances. Which the U.S. government is doing bloody brilliantly to its own people. What more could terrorists hope for?

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”
– Benjamin Franklin

The following airports currently use (or allow the option of) full body scanners:
(ABQ) Albuquerque International Airport
(ATL) Atlanta Hartsfield-Jackson Airport
(BWI) Baltimore-Washington International Airport
(DFW) Dallas/Ft. Worth Airport
(DEN) Denver International Airport
(DTW) Detroit Metro Wayne County Airport
(IND) Indianapolis International Airport
(JAX) Jacksonville International Airport
(LAS) Las Vegas-McCarran Airport
(LAX) Los Angeles International Airport
(MIA) Miami International Airport
(PHX) Phoenix Sky Harbor Airport
(RDU) Raleigh-Durham International Airport
(RIC) Richmond International Airport
(SLC) Salt Lake City International Airport
(SFO) San Francisco International Airport
(TPA) Tampa International Airport
(TUL) Tulsa International Airport
(DCA) Washington DC’s Reagan National Airport

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Amber Waves of Gain

Let me preface this statistic-rich post by noting the following: 1) most of these numbers were derived from two online sources, so if they were incorrect then I am also; and 2) if you are caught genuinely breaking a law, you deserve to be fined, ticketed, booted, or otherwise reprimanded as defined by local law (with a few exceptions, which may or may not be discussed below). Now, on to the good stuff (it’s long, but it’s worth it).

If the preface didn’t spill the beans, let me do it here by stating that this is a post about our city governments and parking violations.

For instance, in the 2007-2008 fiscal year, New York City brought in revenues of $624 million from parking infractions alone. Since Mayor Michael Bloomberg took office in 2001, the city has hired nearly 800 new “traffic enforcement agents” to help maximize this revenue opportunity, and 200 of those new agents were hired this year. These agents write, on average, 40 tickets per shift (according to an MSNBC news article), which equates to roughly 40,000 new tickets written every week. If the amount fined averaged $20 per ticket, that’s an additional $800,000 every week, per shift, for the city’s piggy bank. Not bad, eh? And that doesn’t account for extremes, like the super-agent who wrote 227 tickets in a 5-hour period on Black Friday 2007, when 41,000 citations were issued across the city in one day.

Boston visitors and residents face a rise in fines, a 75% increase on parking more than a foot from the curb and an increase of more than 112% for parking on a crosswalk. In similar fashion, Sacremento tacked an $8 surcharge onto its parking fines with the express intention of collecting an extra $1.5 million … or more … to ease a budgetary shortfall. Meanwhile, Seattle implemented a camera ticketing system which issued 58,000 tickets in its first three months, totaling some $5 million in fines to be collected. And last year in Colorado, Denver’s ticket revenues jumped $4 million, to a total $20 million from parking violations. Is it me or does this seem a bit extreme?

In cities like Louisville, Kentucky, a minimum of two outstanding parking violations will get your car booted. Boots are usually removed by police at their discretion … after you pay your fines, of course. But if you’re in a hurry and happen to be in Montgomery County, Maryland (just outside Washington, D.C.) or in Baltimore, you can use your cell phone to unlock the boot … after paying your fines … and a $115 fee, apparently for the convenience of a quick de-booting. (The system isn’t confined to Maryland; it is used in a dozen cities, including New Orleans.)

Some cities have begun using a camera-equipped system that allows meter agents to drive at normal speeds and simultaneously scan license plates for outstanding parking violations. Nifty, huh? Nab two birds with one stone and boot previous violators for extra money even if they are currently legally parked. But that’s just the beginning. Have you heard about the new parking meters in production? They text message local police as soon as your flag goes up. (Better hope there’s not a meter agent in the area.) And several large cities have issued electronic ticketing machines to their agents, allowing them to ticket 30% faster. Oh good, their antiquated tools and multi-million dollar annual revenues had me concerned about reduced productivity. Whew. That’s a real load off my mind.

One New Yorker said he’s seen drivers get ticketed for double-parking while waiting for someone to pull out of a space on the street, an almost universally accepted act especially common in areas of concentrated population and limited parking. In a similar stretch of the law, an attorney was ticketed for parking “somewhere between one second and 59 seconds too soon” in an alternate-side violation. He fought the ticket and won; the citation was dismissed by a judge. Which brings us to a whole new sub-topic: how many of these charges are legitimate?

In the Bronx, a dozen residents accused a traffic agent of falsely citing them for double-parking, some arguing they were not even in the United States when the tickets were issued (at the time of the article, no charges had been filed against the agent, who the city defended and who remained on duty). A retired Navy veteran said he was ticketed while dropping off his wife in a bus zone. One reader commented that he was sent a parking ticket, complete with late penalties, without having been in the city for twenty years. (Despite the two decade absence, ownership of a vehicle that did not remotely resemble the ticketed car, and a letter he sent to authorities with a copy of his registration, the ticket is unresolved.)

Another reader said, “the New York City parking signs have purposely been made so confusing that even police officers cannot tell you if it is okay to park.” He went on to note that many signs were damaged, illegible, or missing altogether but agents still ticketed in the effected areas. In some areas, he also shared, “we have Muni-meters, where you have to park your car then walk to the meter several yards away to buy a receipt…to place in the windshield. Meter people will watch you walk to the meter and give you a ticket before you can get back to the car with the receipt. This is NYC government-sanctioned mugging.” Posters from other cities shared stories of similar abuses and I have no doubt that thousands more could easily be included, everything from unlawful ticketing and conspiracy to purposefully mass-ticket all the way to outright harrassment.

And not just in New York City. People from Columbus, Ohio, and Santa Monica, California, share the same stories, as do citizens from Fort Worth, Texas, and Portland, Oregon. Obviously, these are not isolated incidents but a general trend among cities with the primary goal of raising funds. By any means necessary. Chicago, Atlanta, Denver, it makes no difference, and the more tickets written, bogus or otherwise, the more revenues will increase. (For a disgustingly blatant example, visit my previous post, “Holy Jericho”.)

I will take this opportunity to reiterate that those legitimately breaking the law deserve to be fined … but only those breaking the law, and they should not be fined unreasonable amounts.

I’ve had three parking tickets over the years and I paid every one of them without complaint. Even though the last two were tenuously legal at best, I paid, took my receipt, and walked away without a word. Because it wasn’t worth fighting. For $40 I retained the ability to work a full schedule instead of missing days to fight the tickets in court. I retained anonymity and did not bring down the wrath of meter maids and law enforcement everywhere I went. (If you think that’s not important, you’ve never lived in a smaller town.) I avoided the costly unpleasantness of hiring a lawyer. I learned when and where I could push the law, and when and where I couldn’t. I learned that legality has absolutely nothing to do with decency, common sense, or common courtesy. And all for the low low price of only $40.

I’m not denouncing parking tickets. I am denouncing the growing practice of manufacturing falsities and extorting money out of a populace to fund government greed and idiocy. And so should you. It makes me wonder … what else are they falsely accusing us of? How many innocent people are being ruined by similar practices in other disciplines? Like taxes, for example. If the IRS came calling, could you prove your financial statements to their specifications? There is no statute of limitations; what if they ask for files from a decade ago, or two? Or how about the Department of Homeland Security accusing you of terrorist activity, seizing your property, and denying you trial? It’s perfectly legal and they can sell any seized property for profit without ever formally charging you. Local police have the same authority for drug-related activities and can gleen millions annually from the sales of seized items. Why? The short answer is money. But, really, is that all? Is that why are our freedoms are being pared down to nothing while government payrolls balloon and hoover up any dollar they can find?

These are questions we should be asking.
These are questions we should be asking every day, because this country is feeling less and less like ours.

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