****Click here for the "Complaint" in PDF.****

Washington, DC--July 26- Today, the American-Arab Anti-Discrimination Committee (ADC) and the National Lawyers Guild (NLG) filed a lawsuit against the Massachusetts Bay Transportation Authority (MBTA). The lawsuit, which was filed in federal district court in Boston, challenges MBTA's searches of riders' personal possessions without probable cause. The lawsuit alleges that the MBTA Transit Police issued an order creating and implementing a policy, the first such policy in the nation, of conducting random searches of bags being carried by passengers. The policy does not rely on any suspicion of criminal activity or intent before conducting a search.

The plaintiffs in today's suit, who in addition to ADC and the NLG include members of both organizations, further allege that the MBTA searches violate the Fourth Amendment to the United States Constitution barring unreasonable searches and seizures. The plaintiffs argue that searches and seizures in the absence of particularized criminal suspicion or intent have been held constitutional only in limited cases where they must be conducted at fixed checkpoints; an additional requirement not being fulfilled by the MBTA. Also, the lawsuit alleges that the MBTA policy will impose an unconstitutional condition on access to the public transportation system. The plaintiffs in this class action are asking the court for a preliminary and permanent injunction stopping the searches and for a declaration that the MBTA policy is unconstitutional.

Merrie Najimy, President of the ADC-Massachusetts Chapter and National Board member of ADC, said, "Bostonians rely on the MBTA as a necessary means of transportation and for the vast majority of workers, there is no alternative. " Najimy added, "Riders should not have to surrender their constitutional rights to a policy that is ripe for abuse. The MBTA has a recorded history of racial profiling and our concern is that this policy and practice will result in more of the same." ADC President Mary Rose Oakar said, "The safety and security of our nation is of the utmost importance. However, this new policy provides no guidelines for its use, which means that the policy can be easily abused. In addition to all the constitutional concerns surrounding this policy, it should be noted that it also violates basic law enforcement principles long recognized for their effectiveness."

The plaintiffs are being represented pro-bono by Boston attorneys Michael Avery and Jonathan Shapiro of the National Lawyers Guild, and Howard Friedman and J. Lizette Richards of the Law Offices of Howard Friedman, P.C

****Click here for the "Complaint" in PDF.****