DAVE ROSS

Ross: Is enforcing the bus fare unconstitutional?

Jan 27, 2022, 6:06 AM | Updated: 9:33 am

bus fare, community transit...

A Community Transit bus waits at a stop. (Photo courtesy of MyCommTrans/Twitter)

(Photo courtesy of MyCommTrans/Twitter)

The state Supreme Court is taking up a case involving a bus passenger who didn’t pay his fare.

It involves one Zachery Meredith, who, in 2018, boarded a Community Transit Swift bus in Everett without paying. And when three officers boarded the bus to check for non-payers, he got caught and was escorted off the bus.

But the real trouble started when they checked his ID and it turned out he had outstanding felony warrants. … That’s what got him arrested.

And that’s why he sued – he claimed the officers violated his Fourth Amendment protection against search and seizure, therefore the arrest was invalid.

The lower courts rejected his arguments, but now he’s going to the state Supreme Court.

And there is some concern that he could win there. Because this has come up before.

In 2019, a train passenger in Maryland who didn’t pay was ordered off the train – and when the cops checked his ID, they found a warrant for his arrest, as well as a gun in his waistband and some cocaine.

And just like the guy in Everett, he claimed it was a violation of his constitutional rights – and he won!

Hence the concern that our court could follow that precedent.

But I looked into the reason why he won. What bothered the Maryland judges was that all the passengers were detained during the fare enforcement sweep, and that nowhere in the train station was there a warning that such sweeps might be conducted.

The way I read it, the Maryland court was not saying that you get to ride for free, only that the rules of the game have to be clear before you get on board.

So that tells me, even if our Supreme Court rules in favor of the fare-evader in this particular case, there’s an easy fix. Just put up some signs: “No fare, no ride. Passengers subject to search. This means YOU!”

Because if it’s legal to scan our bodies at the airport, and our license plates everywhere else, I don’t see how having to produce an ORCA Card on the bus creates a constitutional crisis.

(And let’s also remember – the reason these guys were arrested was because they had outstanding warrants, not because they didn’t pay the fare that day.)

Listen to Seattle’s Morning News with Dave Ross and Colleen O’Brien weekday mornings from 5 – 9 a.m. on KIRO Newsradio, 97.3 FM. Subscribe to the podcast here.

Dave's Commentary

Dave Ross on KIRO Newsradio 97.3 FM
  • listen to dave rossTune in to KIRO Newsradio weekdays at 5am for Dave Ross on Seattle's Morning News.

Dave Ross

car culture...

Dave Ross

Ross: Are we killing car culture? Or is car culture killing the US?

I don’t think the question is whether we're going to "kill" our car culture. The real question is can we stop our car culture from killing the U.S.?

4 days ago

drivers data insurance...

Dave Ross

Ross: As cars release driving data to insurance, is your driving my business?

Every move you make, every swerve you take, every lane change you fake – someone’s watching you. Do drivers have a right to keep driving data private?

11 days ago

rent control...

Dave Ross

Ross: Rent control was never the answer in Wash.

The rent control bill died in the Washington State Legislature this week, even though Democrats control both houses.

1 month ago

end of democracy...

Dave Ross

Ross: Conservative activist earns applause for pledging an ‘end of Democracy’

The theme from Jack Posobiec's speech is that Jan. 6 was a righteous attack not on democracy, but on those who threaten democracy.

1 month ago

Image: Rep. Lauren Boebert, R-Colorado, is seen on Capitol Hill on Jan. 6, 2023. (Photo: Alex Brand...

Dave Ross

Ross: Voters can help cull bad politicians from the herd early

Let's remember that just about every occupant of a higher office once occupied a lower office, and was put there by us, Dave Ross says.

1 month ago

Super Bowl celebration...

Dave Ross

Ross: The NFL does it again

The NFL once again put on a show that was able to keep me tuned in for four hours even though I had no stake in either team.

2 months ago

Ross: Is enforcing the bus fare unconstitutional?