Photo by Paul Graham Raven on Flickr.

WMATA CEO Richard Sarles and Chief Michael Taborn retain the authority to keep randomly checking riders’ bags, after only Tommy Wells and Kathy Porter stood up clearly opposed to the program during a Board discussion today.

Others either cited a belief that the bag searches were just, or an unwillingness to stop even an unjust program against the bugaboo of security.

Tom Downs, new DC member, long-time transit professional, and chair of the Customer Service and Operations Committee, introduced the discussion by announcing that the Board felt it “knew what it was doing” when it delegated authority to the General Manager and police chief to make decisions about security measures including bag searches.

He added that the Board didn’t seem interested in challenging the General Manager’s judgment and authority in this matter.

Instead, he hoped the discussion would center around how to communicate this decision to customers. “Without a dedicated commitment to listening to our customers about heartfelt issues about privacy and other rights and about security,” he said, the Board risks having the kind of reaction that the TSA encountered to its pat-downs.

Fairfax’s Cathy Hudgins, the current Board chair, added that the Board should explore whether better communication could “alleviate concerns and stress” for riders over this program.

That wasn’t compelling to Kathy Porter, new alternate from Montgomery County. She pointed out that there’s not much the Board could do with any feedback it might receive, if it’s not interested in taking any action based on that feedback.

"I respect the GM and the chief,” she said, and acknowledged the law enforcement imperative to protect the safety and security of the system. However, she said, “Our relationship with our riders has a significant impact on the safety and security of the system,” and that surely is the purview of the Board.

Fairfax’s Jeff McKay, a staunch supporter of the bag searches, wondered why the Board was discussing the issue in this context. If they want to discuss the program, discuss the program, he said; but is there really value in discussing how much communication is needed for security measures?

McKay added that he’d hate to see any rules that the GM and chief had to give a certain amount of notice to the public if future credible threats arise and they have to institute other security measures.

McKay has a point. The Board was trying to avoid having to confront the bag searches directly through this exercise in talking instead about communication. The conversation became much better once they got their views out in the open. Some wholeheartedly like the program, some clearly don’t, and others remained reluctant to take a stand.

DC Councilmember Tommy Wells argued that questions about the program “are highly appropriate” given the level of scrutiny the Board puts into spending priorities in other areas, like railcar replacement. He said that there is a tradeoff between any security measure’s effectiveness and other factors, and that’s what the Board should consider; he comes out against the program on those grounds.

Federal member Mort Downey feels differently. “This is a national security issue,” said Downey, and “outweighs every other issue in civil society.” Downey said he is afraid of having to go before a Congressional committee to justify why Metro didn’t take these precautions.

It’s clear Downey simply thinks the program is fine, but the argument about Congressional committees is the least convincing argument of all. We don’t want Board members who make decisions based on what Senators might say in the event of various outcomes. That’s a recipe for policy decisions based more on fear than on good policy.

Downey actually seemed to want stronger measures, saying that the current searches were just the edge of what needs to be done. He lamented the way airport security measures were “pushed back” by airlines before the 9/11 attacks.

Maryland’s Peter Benjamin began his own remarks by saying that he’s a long-term member of the ACLU, and a strong believer in civil rights. “I feel that bag checks are a violation of those rights, and the beginning of a process that moves towards us having fewer and fewer and fewer of those rights,” he said.

If the decision was up to him, he’d take the risk of someone possibly getting in, blowing something up, and him being a victim of an attack. He feels that this program’s effectiveness does not outweigh the cost.

As listeners could guess from hearing a statement starting with “I’m a long-term member of the ACLU,” there was a “but.” Benjamin continued that he’s also sworn to uphold the safety and security of the system and the riders. He isn’t comfortable making the decision for other riders, and while he heard the overwhelming rider input at the RAC meeting and the RAC’s resolution, he doesn’t know if that reflects all riders and isn’t willing to overturn the expert opinion of the GM and police chief.

Just last week, Benjamin himself swore in several new Board members, and so we know that in that oath also includes a promise to uphold the Constitution. Did he forget about this piece?

Richard Sarles noted that given time and “being relaxed,” he’d prefer to solicit more customer feedback, and he did have concerns about civil liberties, but “wanted to be ahead of the game instead of behind,” especially going into the holiday season. Sarles defended his right to make decisions when necessary, saying if he had to take action for the safety of riders, “By God, I’m going to make that decision.”

Sarles should have that right. McKay is right that the Board shouldn’t require some long consultation process. However, it’s also right for the Board to review whether the GM has gone too far. Most apparently don’t.

But what about that slippery slope Benjamin is worried about (but not too worried)? Wells asked Chief Taborn, why not implement full body scans, or 100% ID checks to enter Metro? Porter later asked, if the GM did decide to start such programs, would the Board want to know?

There wasn’t a good answer to that. Instead, Downs concluded with a suggstion to “establish some values” around customer communication. He made a good point that it might be healthy for the police to be doing more talking with concerned riders; at the RAC meeting, Capt. Kevin Gaddis seemed shocked at a suggestion he might benefit from talking with the ACLU and other groups from time to time. A little dialogue could go a long way if the police can come to see riders as something other than potential enemies.

The dangling question is how far the Board would let the GM and police chief go. To listen to Downey and McKay, who brought up many of the usual tropes about how things were different on 9/12/2001 versus 9/10/2001 and how we live in a different world, anything the GM does in the name of safety is acceptable.

It sounded suspiciously similar to the arguments for torture and Guantanamo. If only the Obama administration might reconsider its choice of federal representatives to find one that shares its values beyond simply having long expertise in transit.

Meanwhile, at least there’s hope that the pushback on this program might dissuade Sarles and Taborn from performing very many bag searches or venturing into even more invasive security measures. And if that happens, a few more Board members just might find some fortitude and stand with Porter and Wells.

David Alpert is Founder and President of Greater Greater Washington and Executive Director of DC Surface Transit. He worked as a Product Manager for Google for six years and has lived in the Boston, San Francisco, and New York metro areas in addition to Washington, DC. He lives with his wife and two children in Dupont Circle. Unless otherwise noted, opinions here are his and not the official views of GGWash or DCST.