How to Flex Your Rights During Police Encounters

Flex Your Rights' response to the new random search policy on D.C. public transportation may soon find us in court. The Washington Metro Area Transit Authority (WMATA) has threatened us with legal action due to our use of Metro's "M" logo on our informational flyer about refusing random searches. Metro alleges that our use of the logo on the widely-distributed flyer constitutes a violation of their registered servicemark and has promised legal action if we do not destroy all remaining flyers and issue an apology by January 5th.

The 5th has now passed, and we have no intention of complying with Metro’s ill-conceived intimidation tactics. We’re well aware that the 1st Amendment protects "fair use" of trademarked material for the purpose of criticism. The ACLU of the National Capital Area has agreed to represent us in the event that Metro files a lawsuit. Our attorney Art Spitzer contacted Metro in a letter today, urging that the legal threats against us be promptly withdrawn to avoid an inevitable loss in court.

As controversy surrounding the random search program continues to escalate, Metro’s frivolous threat is just the latest in a series of bad choices by Metro dating back to the announcement of the program itself. Here’s a quick recap of what’s happened so far:

Our response to the new random search program on public transportation in DC is continuing to generate media hits, including a negative reaction to our work in The Washington Times.

On Wednesday, Flex Your Rights brought together numerous allies, volunteers and friends to protest random searches on public transportation in the Nation’s Capital. The effort was aimed at voicing opposition to the new search policy, while educating the public about the 4th Amendment right to refuse police searches.

The event generated considerable media attention, including the Washington Post, the Washington CityPaper, and local ABC and NBC affiliates:

In response to the random search program announced yesterday by the Metro Transit Police, we've prepared this handy guide to protecting your rights when using public transportation in the Washington, D.C. area. We'll also be organizing some volunteers to help distribute flyers about the program at various Metro stations. Please contact us if you're interested in helping out.

Alas, the looming specter of subway searches has finally descended on our nation's capital. We've long assumed it was just a matter of time, but as time came and went, it seemed the tragic fad of frivolous subway searches would elude us. Unfortunately, we were wrong.