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Testimony Submitted by State Senator Liz Krueger to the Metropolitan Transportation Authority (MTA) Regarding Proposed Changes to New York City Transit’s Rules of Conduct January 4, 2005
I am writing to submit my
objections to the M.T.A.’s proposed changes to New York City Transit’s Rules
of Conduct that would ban still and video photography on subways and buses
and prohibit movement between subways cars.
While I strongly support reasonable and effective measures to ensure
the safety of the transit system, the current proposal seems less an act to
secure the city than to limit the expression and liberty of transit
riders. Furthermore, I have serious
concerns regarding the potential impact that prohibiting movement between
cars will have on the safety and comfort of subway riders. The M.T.A.’s proposal to ban the
use of still and video photography of subways and buses is particularly
disturbing and represents an unnecessary as well as an ineffective tool to
protect the system and riders from terrorist threat. People engage in photography of the
subways and buses for a number of reasons.
Some may be documenting unacceptable conditions in need of remedy,
others may be documenting their experiences as a first time tourist exploring
one of the world’s largest subway networks.
While none of these reasons should automatically nullify the M.T.A.’s
proposals, I am not convinced that the plans will impede anyone’s ability to
document and study sites and use this information in a future attack. It seems naïve to believe that an
organization as resourceful and resilient as Al Qaeda would not be able to
circumvent the proposed rules changes and document the system through
alternative means such as a camera disguised as another object or even a
picture phone. Therefore, I feel this
rule change will unnecessarily limit straphangers freedom of expression and
liberty and should be rethought to create a more effective strategy at threat
prevention. I am also concerned that the
M.T.A. has not properly distinguished criteria for those seeking credentials
to photograph the system. The rules
permit photography by “members of the press holding valid press
identification issued by the New York City Police Department” or “others duly
authorized in writing to” take photos, films and video, but fail to spell out
the standards to be applied when determining who will be issued these
permits. The M.T.A. cannot adopt any
ban on the use of still or video photography without addressing the exact
criteria to be used when determining eligibility. Failing to do so may result in a system of arbitrary approvals
and rejections, a serious violation to our country’s constitutional guarantee
to freedom of the press. I would also request that the
M.T.A. reconsider the ban on movement between subway cars as the ban may
place passengers in unsafe situations and unnecessarily discomfort
straphangers. It appears that this
concern has not been addressed in the current rules change, which phrohibits
the use of the platform for the purpose of moving between subway cars unless
they are directed to use them by SIRTOA personnel or a police officer. The M.T.A. must allow passengers to move
between cars as a result of an actual or perceived threat. Passengers also often change cars for reasons
of general comfort such as a malfunctioning air conditioner or an unpleasant
odor and it seems excessive to ban this practice. The safety of passengers need not be compromised, as New York
City Transit already locks end doors on trains such as the N,R, W and Q which
make wide turns in Manhattan and Queens. In closing, I am disturbed that
the M.T.A. is attempting to justify unnecessary impingements on straphanger’s
liberty and personal freedoms in the name of security. As a Senator who represents a district
filled with possible terrorist targets, I understand the urgency for
effective security measures and am constantly exploring new and innovative
proposals to protect my district and constituents. While I am open to further discussion on the matter, I feel the
M.T.A. has yet to fully explain how these rule changes will effectively
combat the terrorist threat to organizations as resourceful and innovative as
those who currently seek to do our country harm. I respectfully urge the M.T.A. to reconsider these proposed
changes and engage in a further discussion with transit riders and those
elected to represent their interests in all levels of government. |
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