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| Re: busted for moving between cars at Woodlawn...... (534483) | |||
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Re: busted for moving between cars at Woodlawn...... |
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Posted by trainsarefun on Sun Dec 16 10:25:47 2007, in response to Re: busted for moving between cars at Woodlawn......, posted by AMoreira81 on Sun Dec 16 09:45:38 2007. Then why doesn't someone consider suing the MTA over the rule, if officers use the rule to force people to remain in hazardous conditions against their will (i.e., a foul smelling car that could make someone vomit, a hot car, someone who cannot stand for long when the next car clearly has sit). These things would be over the definition of "emergency", because some officers may not consider it enough of an emergency.I haven't myself observed any violations of the rule written up on things I thought were emergencies, but to the extent anyone actually received a summons for such, they should take such action as you suggest. As I said in another reply, I heard NYPD Deputy Commissioner Paul Browne say on WNYC's Brian Lehrer Show recently - in the last two weeks, in a segment on Operation Lucky Bag - that police were not out to ticket persons moving between cars to evade hot cars or dangerous conditions. If Browne is correct, then no tickets should be given out in circumstances where a violation of the rule arguably did not occur by reason of "emergency". There isn't a transcript, but our public radio has provided a link here to the program in question. My feeling is that a pre-enforcement challenge to the rule would likely be dismissed. I'd instead write to MTA and NYPD (maybe to Browne, specifically) to seek clarification, and then see what the answer is. The segment on the show is mostly about a different operation - "Lucky Bag" - which is controversial because police leave a wallet or purse or bag on a subway car, wait for someone to take something from it, and then pounce if money is taking, such that an arrest is made, under appropriate circumstances, for petty larceny if someone separates the money from the container. While talking about that, Browne answers a question on violations for moving between cars. |
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