pisshead
06-29-2005, 08:36 PM
Town cites Patriot Act in response to homeless man's suit
Associated Press | June 29 2005 (http://www.app.com/apps/pbcs.dll/article?AID=/20050629/NEWS03/506290364/1007)
Comment: Believe the lie, the Patriot Act is only being used against terrorists.
Related: Patriot Act vs. US Citizens (http://www.prisonplanet.com/articles/october2004/091004patriotact.htm)
NEWARK â?? The USA Patriot Act allows the government to find out which books and Internet sites a person has seen. It also lets investigators secretly search someone's home and monitor people's phone calls and e-mail, all in the name of fighting terrorism.
Now, a New Jersey town being sued for kicking homeless people out of a train station claims the Patriot Act allows it to do that as well.
In an answer to a federal lawsuit brought by a homeless man, Richard Kreimer, who objected to being told to leave the Summit train station, the city says its conduct is protected by the Patriot Act and the lawsuit should be barred. The city cited a section of the law regarding "attacks and other violence against mass transportation systems."
"Unless they've been smoking those funny cigarettes, I can't see how my civil lawsuit has anything to do with the Patriot Act," said Kreimer, 55, who is acting as his own lawyer. "I can't figure that one out."
Edward Barocas, legal director of the American Civil Liberties Union of New Jersey, said, "Nothing in the Patriot Act lets them kick homeless people out of train stations."
"We have always maintained that NJ Transit and police have the right to address conduct," he said. "They do not have the right to treat an individual differently because he is disheveled."
Kreimer is seeking at least $5 million in damages against NJ Transit, the city of Summit, nine police officers and several other defendants, claiming he and other homeless people have been unlawfully thrown out of train stations since August. He also wants a federal judge to decide whether transit stations are public or private property, and whether people who are not ticketed passengers have the right to be at them.
Since the suit was filed in March, NJ Transit has announced its intentions to create "ticket-only" zones that would limit areas of train and bus stations to passengers holding tickets.
The Patriot Act defense was one of 15 made by Harry Yospin, a lawyer representing Summit and its officials named in the suit. He and City Administrator Christopher Cotter did not immediately return calls seeking comment Tuesday.
In legal papers filed in response to the suit, Yospin termed Kreimer's suit "frivolous," and said police officers were exercising lawful discretion in their dealings with Kreimer.
Similar defenses were made by the state Attorney General's Office on behalf of NJ Transit. The state termed the lawsuit "frivolous" and "a sham," but did not cite the Patriot Act.
Associated Press | June 29 2005 (http://www.app.com/apps/pbcs.dll/article?AID=/20050629/NEWS03/506290364/1007)
Comment: Believe the lie, the Patriot Act is only being used against terrorists.
Related: Patriot Act vs. US Citizens (http://www.prisonplanet.com/articles/october2004/091004patriotact.htm)
NEWARK â?? The USA Patriot Act allows the government to find out which books and Internet sites a person has seen. It also lets investigators secretly search someone's home and monitor people's phone calls and e-mail, all in the name of fighting terrorism.
Now, a New Jersey town being sued for kicking homeless people out of a train station claims the Patriot Act allows it to do that as well.
In an answer to a federal lawsuit brought by a homeless man, Richard Kreimer, who objected to being told to leave the Summit train station, the city says its conduct is protected by the Patriot Act and the lawsuit should be barred. The city cited a section of the law regarding "attacks and other violence against mass transportation systems."
"Unless they've been smoking those funny cigarettes, I can't see how my civil lawsuit has anything to do with the Patriot Act," said Kreimer, 55, who is acting as his own lawyer. "I can't figure that one out."
Edward Barocas, legal director of the American Civil Liberties Union of New Jersey, said, "Nothing in the Patriot Act lets them kick homeless people out of train stations."
"We have always maintained that NJ Transit and police have the right to address conduct," he said. "They do not have the right to treat an individual differently because he is disheveled."
Kreimer is seeking at least $5 million in damages against NJ Transit, the city of Summit, nine police officers and several other defendants, claiming he and other homeless people have been unlawfully thrown out of train stations since August. He also wants a federal judge to decide whether transit stations are public or private property, and whether people who are not ticketed passengers have the right to be at them.
Since the suit was filed in March, NJ Transit has announced its intentions to create "ticket-only" zones that would limit areas of train and bus stations to passengers holding tickets.
The Patriot Act defense was one of 15 made by Harry Yospin, a lawyer representing Summit and its officials named in the suit. He and City Administrator Christopher Cotter did not immediately return calls seeking comment Tuesday.
In legal papers filed in response to the suit, Yospin termed Kreimer's suit "frivolous," and said police officers were exercising lawful discretion in their dealings with Kreimer.
Similar defenses were made by the state Attorney General's Office on behalf of NJ Transit. The state termed the lawsuit "frivolous" and "a sham," but did not cite the Patriot Act.