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Ender
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D.C. Police to Check Drivers In Violence-Plagued Trinidad

D.C. Police Chief Cathy L. Lanier announced a military-style checkpoint yesterday to stop cars this weekend in a Northeast Washington neighborhood inundated by gun violence, saying it will help keep criminals out of the area.

Starting on Saturday, officers will check drivers' identification and ask whether they have a "legitimate purpose" to be in the Trinidad area, such as going to a doctor or church or visiting friends or relatives. If not, the drivers will be turned away.

The Neighborhood Safety Zone initiative is the latest crime-fighting attempt by Lanier and Mayor Adrian M. Fenty, who have been under pressure from residents to stop a recent surge in violence. Last weekend was especially bloody, with seven slayings, including three in the Trinidad area.

"In certain areas, we need to go beyond the normal methods of policing," Fenty (D) said at a news conference announcing the action. "We're going to go into an area and completely shut it down to prevent shootings and the sale of drugs."

The checkpoint will stop vehicles approaching the 1400 block of Montello Avenue NE, a section of the Trinidad neighborhood that has been plagued with homicides and other violence. Police will search cars if they suspect the presence of guns or drugs, and will arrest people who do not cooperate, under a charge of failure to obey a police officer, officials said.
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The enforcement will take place at random hours and last for at least five days in Trinidad, with the option of extending it five more days. Checkpoints could be set up in other neighborhoods if they are requested by patrol commanders and approved by Lanier.

The strategy, patterned after a similar effort conducted years ago in New York, is not airtight. There are many ways to get in and out of Trinidad, not just on the one-way Montello Avenue. And pedestrians will not be stopped, which is something critics say might render the program ineffective.

"I guess the plan is to hope criminals will not walk into neighborhoods," said D.C. Council member Phil Mendelson (D-At Large). "I also suppose the plan is to take the criminal's word for it when he or she gives the police a reason for driving into a neighborhood."

Since taking over as chief in December 2006, Lanier has struggled with the issue of violent crime. She has added patrols, revived a unit specializing in getting guns off the streets and changed commanders in six of the city's seven patrol districts. Last weekend, officers were close enough in one case that they heard the barrage of gunfire coming from a triple homicide on Holbrook Street in Trinidad.

The program is aimed at the city's most troubled areas. The 5th Police District, which includes Trinidad, has had 22 killings this year, one more than all of last year. Since April 1, the Trinidad neighborhood has had seven homicides, 16 robberies and 20 assaults with dangerous weapons, according to police data. In many cases in Trinidad and across the city, gunshots are fired from passing cars, victims are found in cars or cars are used to make fast getaways.

"We have to try to take away the things that are facilitating the ability to commit crime," Lanier said.

Leaders of the American Civil Liberties Union said yesterday that they will be watching what happens closely and that legal action is likely.

"My reaction is, welcome to Baghdad, D.C.," said Arthur Spitzer, legal director for the ACLU's Washington office. "I mean, this is craziness. In this country, you don't have to show identification or explain to the police why you want to travel down a public street."

Interim Attorney General Peter J. Nickles said that his office reviewed the initiative and that similar efforts had survived court tests.

"I don't anticipate us being sued," Nickles said. "But if you do want to sue us, the courts are open."

U.S. Attorney Jeffrey A. Taylor said that D.C. officials consulted his office about their plans and that prosecutors suggested some changes to try to ensure that any arrests would hold up in court. "We applaud the District's efforts to make neighborhoods safer," Taylor said. "Whatever we do has to be consistent with the Constitution."

New York police set up a nearly identical checkpoint in 1992 in a neighborhood of the Bronx that was plagued by drug dealing and drive-by shootings. Police ran the Watson Avenue Special Operation on a random basis, mostly in evening hours. Officers stopped drivers, but not pedestrians, coming into the area, to confirm that they had a legitimate reason to be there.

A federal appeals court upheld the legality of the New York effort, saying in a 1996 ruling that it "served an important public concern" and was "reasonably viewed as an effective mechanism to deter crime in the barricaded area."
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D.C. police have used various forms of checkpoints for years. In 1988, for example, they blocked streets and searched courtyards in a pair of apartment complexes in Northeast Washington in a bid to drive out drug dealers. That move came during the crack cocaine epidemic, in a year when the city recorded 372 homicides. Last year, the city had 181 killings.

Former D.C. police chief Isaac Fulwood Jr., who led the department from 1989 until 1992, said he liked using checkpoints because his officers were able to make arrests and gather intelligence.

"They are effective. You recover stolen cars and firearms," Fulwood said. "You've got to have a lot of them if you're going to have them. You need to move as the criminal element shifts."

Some residents expressed support for the plan yesterday, saying they are willing to submit to the checks if it makes the neighborhood safer. "We can't endure any more homicides," said neighborhood activist India Henderson.

But others said they were disappointed police have not developed relationships that would allow them to gather information and find criminals without resorting to the stepped-up tactics.

"I knew eventually we'd be a police state," said Wilhelmina Lawson, who has lived in the neighborhood for 20 years. "They don't talk to us, they're not community minded."

One of Lanier's plans, the Safe Homes initiative, has yet to get off the ground because of a community backlash. The plan, announced by Lanier and Fenty at a news conference in March, called for police to go door-to-door in crime-ridden areas and ask residents whether they could go inside and search for guns. Residents and some council members voiced concerns that homeowners would feel intimidated by police. Lanier backed off, but said she plans to move forward soon by having residents call police to set up appointments.

Another plan, to arm hundreds of patrol officers with semiautomatic rifles, starting this summer, also got mixed reviews from residents.

Kristopher Baumann, head of the D.C. police lodge of the Fraternal Order of Police, said he was concerned about public perception of the checkpoints and the potential that it could lead to more citizen complaints. He questioned Lanier's overall approach, saying, "There is no strategy and no mid-term and long-term planning.

"That's the biggest disappointment of Chief Lanier's tenure," Baumann said. "One thing we were excited about and optimistic about was, for once, we'd have strategies to combat crime and not just be reactive. But we haven't seen it. It's been a year and a half."

Council member Harry Thomas Jr. (D-Ward 5), who represents Trinidad and other parts of Northeast Washington, said he had informal discussions with Lanier in which she had mentioned the possibility of the checkpoint announced yesterday, but he got little notice before the news conference. Civil liberties are always a concern, said Thomas, who maintained that residents are so concerned about violence that they will be willing to give the latest program a try.
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"I think the general consensus is that we have to do something because people live in fear," he said. "What would you rather have?" he asked. "A positive pattern of [police] checking things . . . or these folks who come into the community and wreak havoc?"

Staff writers Marcia Davis, Dan Keating, David Nakamura, Mary Beth Sheridan and Del Quentin Wilber and staff researcher Meg Smith contributed to this report.
AP story
Police plan vehicle checkpoints in DC neighborhood

By BRIAN WESTLEY – 1 hour ago

WASHINGTON (AP) — Stung by an outbreak of violence, including eight killings last weekend alone, police are taking the unusual step of establishing vehicle checkpoints in a crime-ridden neighborhood in the nation's capital.

Starting Saturday night, officers will check drivers' ID and turn away any who don't have a "legitimate purpose" in the area — a plan that has drawn swift criticism from civil liberties groups.

"The Constitution and the Bill of Rights should not become the next victim of the street violence," said Johnny Barnes, executive director of the American Civil Liberties Union for the National Capital Area. "This plan will treat every resident of that area the way criminals are treated."

The checkpoints come as police try to combat a spike in the number of homicides, which rose 7 percent in the city in 2007 after several years of decline.

Most of last weekend's slayings occurred in the 5th Police District in the city's northeast section, where authorities plan to set up the checkpoints. Already this year, the police district has had 22 killings — one more than in all of 2007.

"The reality is, this is a neighborhood that has been the scene of many violent crimes, and something had to be done," D.C. police spokeswoman Traci Hughes said.

But the initiative has raised the ire of the ACLU, which plans to watch what happens with the checkpoints before deciding on any legal action.

Officers will stop motorists traveling through the main thoroughfare of Trinidad — a neighborhood of mostly tidy two-story brick rowhouses that includes Gallaudet University and is near the National Arboretum.

Police will ask motorists to show proof that they live in the area. If they do not have proof, drivers must explain whether they have a reason to be in the neighborhood, such as a doctor's appointment or a church visit.

Police will only search cars if they observe the presence of guns or drugs, officials said. Anyone who does not cooperate will be arrested.

The checkpoints will be enforced at random hours for at least five days, though they could be extended to 10 days, police said. Pedestrians will not be subject to the checkpoints.

District of Columbia Council member Harry Thomas Jr., who represents Trinidad, worried about a potential backlash from angry residents, many of whom question whether the checkpoints will reduce violence.

"Do you want to go home every day and prove that you live at your house?" he asked.

Still, Thomas said, he is taking a wait-and-see approach, noting that many of the recent shootings involved people who drove into the area to buy drugs or settle scores with residents. The checkpoints should make it more difficult for outsiders to come in, he said.

On Thursday, city officials downplayed the significance of the initiative, noting that police have used various checkpoints in the past.

"It's not unlike a sobriety checkpoint or a traffic-safety checkpoint," Hughes said. "This time, it's to make sure violent crime is deterred as much as possible."

Responding to the threat of a legal challenge, interim D.C. Attorney General Peter Nickles cited a similar case involving New York City police, who once stopped motorists in the Bronx at random hours, mostly in the evening, to curtail drive-by shootings, drugs and robberies. Neighborhood residents and commercial vehicles were allowed to pass, while others were turned away.

A federal appeals court ruled in 1996 that those police tactics were constitutional, saying that the checkpoints "were reasonably viewed as an effective mechanism" to reduce drive-by shootings.

In a Supreme Court case from 2000, however, justices struck down random roadblocks used in Indianapolis to screen people for illegal drugs, ruling that they were an unreasonable invasion of privacy. The high court's majority concluded that law enforcement alone is not a good enough reason to stop innocent motorists.

But Nickles said the city had "gone the extra mile" to make sure the roadblocks pass constitutional muster and that officials had tried all other reasonable means to stop the killings, including flooding the area with police officers.

The neighborhood checkpoints aren't the first time Police Chief Cathy Lanier has drawn criticism for measures aimed at reducing crime.

This spring, D.C. police scaled back an amnesty program in which they planned to go door-to-door asking for permission to search homes for guns. Critics complained that some residents could feel intimidated by officers asking to enter their homes. Police later decided to offer the program by appointment only at residents' request.

Neighbors had mixed feelings about the plan for vehicle checkpoints.

"It's needed and it's not needed," said Matthew Simmons, 79, as he sat on the porch outside his rowhouse. Simmons said the checkpoints wouldn't necessarily deter crime. He said a better solution would be to have more consistent police patrols.

Thalia Wiggins, who heard the gunshots across the street related to some of the recent slayings, said the checkpoints are better than nothing. But she was concerned about residents' rights and giving the neighborhood a military feel.

"In the long run, there's no one way to alleviate this problem," she said.

Associated Press Writer Matthew Barakat contributed to this story.
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Post by Veramocor »

When you look at the statistics its amazing DC is so bad. NYC has less officers per capita but its murder rate is almost 1/6 that of DC and other property crime statistics are about half of DC's.



NYC
40,400 police officers
8.2 million people
1 officer per 202 persons
6.6 murders per 100,000 people

DC
3,800 officers (not including various Federal details)
585,000 population
1 officer per 154 persons
35.4 murders per 100,000 people



numbers from wikipedia and http://www.ojp.usdoj.gov/bjs/pub/pdf/lemas00.pdf
http://www.infoplease.com/ipa/A0004902.html
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Post by Lonestar »

Well, something needs to be done. They sure as shit aren't policing the Orange I take everyday.
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Post by Alyrium Denryle »

Lonestar wrote:Well, something needs to be done. They sure as shit aren't policing the Orange I take everyday.
On the other hand, I am pretty sure that this is unconstitutional.
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Post by Broomstick »

Um... the first article implies that this is something the area residents asked for. IF that is the case, that the residents are asking for this, or support this, to end an extreme level of lethal violence, that, to my mind, is quite different that this being imposed from the top down. There is also the question of how temporary this is. Just for a weekend? Tolerable. Indefinitely - that's a problem.

Wealthy people can choose to live in gated communities with tightly controlled access. Are you saying poor people can't ask for a comparable level of protection?

Of course this must be closing monitored, but even the ACLU isn't saying this is out of line - only that it will be very closely watched for civil liberty violations.
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Post by Lonestar »

Alyrium Denryle wrote:
On the other hand, I am pretty sure that this is unconstitutional.
I'm pretty sure they very carefully chose vehicles instead of pedestrians because they think "drunk driving" checking points provide precedent for it.
"The rifle itself has no moral stature, since it has no will of its own. Naturally, it may be used by evil men for evil purposes, but there are more good men than evil, and while the latter cannot be persuaded to the path of righteousness by propaganda, they can certainly be corrected by good men with rifles."
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Post by Zed Snardbody »

Broomstick wrote:Um... the first article implies that this is something the area residents asked for. IF that is the case, that the residents are asking for this, or support this, to end an extreme level of lethal violence, that, to my mind, is quite different that this being imposed from the top down. There is also the question of how temporary this is. Just for a weekend? Tolerable. Indefinitely - that's a problem.

Wealthy people can choose to live in gated communities with tightly controlled access. Are you saying poor people can't ask for a comparable level of protection?

Of course this must be closing monitored, but even the ACLU isn't saying this is out of line - only that it will be very closely watched for civil liberty violations.
I'm loath to throw tired quotes out but "those who would sacrifice freedom for security deserve neither".

This just down right disturbs me, not for the fact that they're checking ID's but they're turning people away if they don't have legitimate reasons. Who is going to make the determination that a reason is legitimate? What if the officer assumes the driver is lying? The driver probably has no recourse.

Hell me and my collection of bastards at TSA aren't even this bad and that says something.
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Post by Ziggy Stardust »

Meh, they already have tank traps on Pennsylvania Avenue, this isn't much of a jump.
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Post by Zed Snardbody »

Zed Snardbody wrote:
Broomstick wrote:Um... the first article implies that this is something the area residents asked for. IF that is the case, that the residents are asking for this, or support this, to end an extreme level of lethal violence, that, to my mind, is quite different that this being imposed from the top down. There is also the question of how temporary this is. Just for a weekend? Tolerable. Indefinitely - that's a problem.

Wealthy people can choose to live in gated communities with tightly controlled access. Are you saying poor people can't ask for a comparable level of protection?

Of course this must be closing monitored, but even the ACLU isn't saying this is out of line - only that it will be very closely watched for civil liberty violations.
I'm loath to throw tired quotes out but "those who would sacrifice freedom for security deserve neither".

This just down right disturbs me, not for the fact that they're checking ID's but they're turning people away if they don't have legitimate reasons. Who is going to make the determination that a reason is legitimate? What if the officer assumes the driver is lying? The driver probably has no recourse.

Hell me and my collection of bastards at TSA aren't even this bad and that says something.
I'm rescinding my previous statement so I do not seem like a lying bastard. I may have forgot to check my email on my days off.

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Post by Alyrium Denryle »

Broomstick wrote:Um... the first article implies that this is something the area residents asked for. IF that is the case, that the residents are asking for this, or support this, to end an extreme level of lethal violence, that, to my mind, is quite different that this being imposed from the top down. There is also the question of how temporary this is. Just for a weekend? Tolerable. Indefinitely - that's a problem.

Wealthy people can choose to live in gated communities with tightly controlled access. Are you saying poor people can't ask for a comparable level of protection?

Of course this must be closing monitored, but even the ACLU isn't saying this is out of line - only that it will be very closely watched for civil liberty violations.
The guards at a gated community do not have the same power to search and arrest. They can deny entry, but such police checkpoints like this are too prone to abuse.

Even if the local residents ask for it does not make it legal.

A drunk driving checkpoint is a different matter. It is an active check for an ongoing crime. Not a capricious and subjective violation of the right to assemble, and the right to travel.
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Post by Alyrium Denryle »

It is also worth noting that a gated community is a privately owned subdivision. A suburban area, or city street on the other hand is not. It is a public street.
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Post by Broomstick »

Zed Snardbody wrote:
Broomstick wrote:Um... the first article implies that this is something the area residents asked for. IF that is the case, that the residents are asking for this, or support this, to end an extreme level of lethal violence, that, to my mind, is quite different that this being imposed from the top down. There is also the question of how temporary this is. Just for a weekend? Tolerable. Indefinitely - that's a problem.

Wealthy people can choose to live in gated communities with tightly controlled access. Are you saying poor people can't ask for a comparable level of protection?

Of course this must be closing monitored, but even the ACLU isn't saying this is out of line - only that it will be very closely watched for civil liberty violations.
I'm loath to throw tired quotes out but "those who would sacrifice freedom for security deserve neither".
The police are supposed to protect people. Apparently prior efforts in Trinidad, DC are not as successful as hoped. What alternative do you suggest?

In Detroit when the cops weren't able to deal with the crack houses vigilantes burned them. With the occupants inside. Let me repeat that - they burned people alive to "deal" with a severe drug-and-violence problem. Is that preferable? Sure, it worked to some extent, but I question if that's the sort of desperate measures we should resort to.

I'm not comfortable with this, either. On the other hand, I haven't had seven of my neighbors gunned down in a weekend, either. As I said - if you don't like this propose an alternative approach.
This just down right disturbs me, not for the fact that they're checking ID's but they're turning people away if they don't have legitimate reasons. Who is going to make the determination that a reason is legitimate? What if the officer assumes the driver is lying? The driver probably has no recourse.
Well, if you live in the neighborhood your address will be on your license.

I suspect it will be young men "of color" traveling in groups who are most impacted by this - but that IS the profile of urban gang members. A lone black man saying "I'm going to the doctor" is less likely to be turned away than 4 black men with 120 decibel rap music shaking their ride. See Chris Rock's video clip How not to get your ass kicked by the police

I think we should be uneasy about this sort of checkpoint. What I can't understand is why we aren't equally uneasy and outraged that people have to live in such fear of their lives they they might approve of such a checkpoint.
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Post by Ender »

Alyrium Denryle wrote:
Lonestar wrote:Well, something needs to be done. They sure as shit aren't policing the Orange I take everyday.
On the other hand, I am pretty sure that this is unconstitutional.
SCOTUS Indianapolis v Edmunds 2000 said yes this is in fact unconstitutional.
Broomstick wrote:Um... the first article implies that this is something the area residents asked for.
No, in fact it explicitly states that the community is divided about it.
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Post by Broomstick »

Ender wrote:
Broomstick wrote:Um... the first article implies that this is something the area residents asked for.
No, in fact it explicitly states that the community is divided about it.
Good, that will help keep it from becoming permanent.

Mind you, I'm not arguing FOR it, but I think such measures may be acceptable on a short term basis for extreme situations. Or we could just declare martial law, but that is potentially much more intrusive and liable to abuse than a 5-day checkpoint.
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Post by KlavoHunter »

Zed Snardbody wrote:I'm loath to throw tired quotes out but "those who would sacrifice freedom for security deserve neither".
Being free to be one of 7 people murdered in a single weekend is no freedom at all.
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Post by Zed Snardbody »

KlavoHunter wrote:
Zed Snardbody wrote:I'm loath to throw tired quotes out but "those who would sacrifice freedom for security deserve neither".
Being free to be one of 7 people murdered in a single weekend is no freedom at all.
I'm just not convinced a roadblock is the way to go about it. Then again, I have nothing else to offer instead unfortunately.
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Post by CaptainZoidberg »

Broomstick wrote:
Of course this must be closing monitored, but even the ACLU isn't saying this is out of line - only that it will be very closely watched for civil liberty violations.
Um. They made the "Welcome to Baghdad, D.C." comment.
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Post by Broomstick »

CaptainZoidberg wrote:
Broomstick wrote:
Of course this must be closing monitored, but even the ACLU isn't saying this is out of line - only that it will be very closely watched for civil liberty violations.
Um. They made the "Welcome to Baghdad, D.C." comment.
And just before that:
Leaders of the American Civil Liberties Union said yesterday that they will be watching what happens closely and that legal action is likely.
In other words, they're not saying it is inherently illegal, only that they will be looking for problems. The ACLU gets slammed a lot but they are a valuable watchdog. However, they can be as extreme as those they oppose.

I don't like the notion of checkpoints, either, but I like the notion of being murdered even less.
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If a free society cannot help the many who are poor, it cannot save the few who are rich. - John F. Kennedy

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Post by CaptainZoidberg »

Yeah, I like the ACLU too.

Although I can't see how they oppose gun rights. I know that gun rights might not be practical and are probably quite dangerous, but they're obviously a personal liberty.
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