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AR15.COM
11/29/2005 3:29:23 PM EDT
Did a search for "davis" "bus" and "papers" so I hope this is no dupe.

Refusal to present ID sparks test of rights

Arvada woman said 'no' at Federal Center while on public bus


Maria J. ÁVila © News

Deborah Davis, of Arvada, visits the Denver office of attorney Gail Johnson. Federal prosecutors are reviewing whether to pursue charges against Davis, who refused to show identification to officers at the Federal Center in Lakewood while she was riding a public bus to work at another location. She was ticketed Sept. 26.


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By Karen Abbott, Rocky Mountain News

November 29, 2005

Federal prosecutors are reviewing whether to pursue charges against an Arvada woman who refused to show identification to federal police while riding an RTD bus through the Federal Center in Lakewood.

Deborah Davis, 50, was ticketed for two petty offenses Sept. 26 by officers who commonly board the RTD bus as it passes through the Federal Center and ask passengers for identification.

During the Thanksgiving weekend, an activist who has helped publicize other challenges to government ID requirements posted a Web site about the case, which he said had logged more than 1.5 million visitors by lunchtime Monday.

"The petty offense ticket was issued by police on the scene," Colorado U.S. attorney's spokesman Jeff Dorschner said Monday. "The status of the matter is now under review."

A decision on whether the government will pursue the case is expected in a week or two.

Davis said she commuted daily from her home in Arvada to her job at a small business in Lakewood, taking an RTD bus south on Kipling Street each morning from the recreation center in Wheat Ridge, where she left her car. She said the bus always passed through the Federal Center and some people got off there.

Guards at the Federal Center gate always boarded the bus and asked to see all passengers' identification, she said.

She said the guards just looked at the IDs and did not record them or compare them with any lists.

When she refused to show her ID, she said, officers with the Federal Protective Service removed her from the bus, handcuffed her, put her in the back of a patrol car and took her to a federal police station within the Federal Center, where she waited while officers conferred. She was subsequently given two tickets and released.

She said she arrived at work three hours late. She no longer has that job and did not identify her former employer.

The Federal Protective Service in Colorado referred inquiries to Carl Rusnok of Dallas, a spokesman for the U.S. Immigration and Customs Enforcement, which oversees the federal police. Both are part of the U.S. Department of Homeland Security.

Rusnok said the federal officers in Colorado told him the policy of checking the IDs of bus passengers and others entering the Federal Center began shortly after the April 1995 terrorist bombing of a federal building in Oklahoma City.

"It's one of the multiple forms of security," Rusnok said. "The identification is one means of making sure that, whoever comes on base, that you know that they are who they say they are.

"There are a variety of other means that bad people could take to circumvent that, but that's why there are multiple layers of security," he said.

Security 'high priority'

Between 7,000 and 8,000 people work at the Federal Center in Lakewood and between 2,000 and 2,500 people visit it every day, Rusnok said.

"Security to protect the employees and the visitors is a high priority," Rusnok said.

RTD spokesman Scott Reed said federal guards only check IDs of bus passengers when the Federal Center is on "heightened alert," which may not be known to the general public.

"It's periodic," Reed said.

"That is something we don't control," Reed said. "It is Federal Center property, and the federal security controls the ID-checking process. We try to cooperate as best we can and inform the public that this will occur."

Davis is to appear before a magistrate judge in Colorado U.S. District Court on Dec. 9.

"We don't believe the federal government has the legal authority to put Deborah Davis in jail, or even make her pay a fine, just because she declined the government's request for identification," said Mark Silverstein, legal director of the American Civil Liberties Union of Colorado, which has taken up the case.

"She was commuting to her job," Silverstein said. "She wasn't doing anything wrong. She wasn't even suspected of doing anything wrong."

"Passengers aren't required to carry passports or any other identification documents in order to ride to work on a public bus," he said.

Davis also is represented by volunteer attorneys Gail Johnson and Norm Mueller of the Denver law firm Haddon, Morgan, Mueller, Jordan, Mackey & Foreman, P.C. She also has the backing of Bill Scannell, an activist who has helped publicize other challenges to government requirements that people show identification. Scannell created a Web site during the Thanksgiving weekend about Davis' case: papersplease.org/Davis.

"This is just a basic American issue of what our country's all about," Scannell said. "It has nothing really to do with politics, and everything to do with what kind of country we want to live in."

'Rosa Parks'

Some supporters have called Davis "the Rosa Parks of the Patriot Act generation," a reference to the African-American woman who became a civil rights heroine after she refused to give up her seat on a public bus to a white man, Scannell said.

Davis said she showed her ID when a Federal Center guard asked to see it for the first couple of days she rode the RTD bus through the center. But it bothered her.

"It's wrong," she said Monday. "It's not even security. It's just a lesson in compliance - the big guys pushing the little guys around."

For a few subsequent days, she told the guards she wasn't getting off in the Federal Center and didn't have an ID. They let her stay on the bus.

Finally, on a Friday, a guard told Davis she had to have an ID the next time. Davis said she spent part of the weekend studying her rights and e-mailing Scannell.

That Monday, when a guard asked if she had her ID with her, Davis just said, "Yes."

"And he said, 'May I see it?' " she recalled, "and I said no."

The guard told her she had to leave the bus, but she refused. Two officers with the Federal Protective Service were called.

"I boarded the bus and spoke with the individual, Deborah N. Davis . . . asking why she was refusing," wrote the first Federal Protective Service officer in an incident report posted on Scannell's Web site. The officer was not identified.

"She explained she did not have to give up her rights and present identification," the officer wrote. "I informed her she was entering a federal facility and that the regulations for entrance did require her to present identification, before being allowed access."

"She became argumentative and belligerent at this time," the officer wrote.

Eventually, one officer said, "Grab her," and the two officers took hold of her arms and removed her from the bus, Davis said.

Davis has four children, including a 21-year-old son serving in Iraq with the Army and a 28-year-old son who is a Navy veteran. She has five grandchildren.
11/29/2005 3:33:32 PM EDT
[#1]
oh great...some jackass mentioned Rosa Parks...when will it stop??????

IBTL
11/29/2005 3:39:42 PM EDT
[#2]
This shit has finally made here I see.  Time for the usual piss-and-moaners to wail about their percieved plights.  
11/29/2005 4:01:12 PM EDT
[#3]

Quoted:
This shit has finally made here I see.  Time for the usual piss-and-moaners to wail about their percieved plights inalienable rights.  



Fixed it for you.
Silly people.
Don't you know it is for your own safety?

11/29/2005 4:32:13 PM EDT
[#4]
thanks for making my point tinfoil wearer.
11/29/2005 4:35:03 PM EDT
[#5]

Quoted:
thanks for making my point tinfoil wearer.



Hardly.


riding a public bus to work at another location


If she was going into the Gov facility, thats fine.
She was just on the bus - not her fault it went through gov't property.
Would you like to be stopped, and forced to produce ID everytime someone feels you should?

Oh wait, I'm sure if I have "nothing to hide" I will have "nothing to fear"
11/29/2005 4:41:43 PM EDT
[#6]
She already knew ID had to be shown prior to entering the property and had done so before. If ID is mandated prior to entry, you know this, then refuse to get off the bus that is entering the property, then don't be surprised if get cited for it. I have no sympathy for her.

And this isnt a case of being randomly singled out, stopped, asked for ID, and then arrested when it isnt produced.  
11/29/2005 5:27:39 PM EDT
[#7]

Quoted:

Quoted:
thanks for making my point tinfoil wearer.



Hardly.


riding a public bus to work at another location


If she was going into the Gov facility, thats fine.
She was just on the bus - not her fault it went through gov't property.
Would you like to be stopped, and forced to produce ID everytime someone feels you should?

Oh wait, I'm sure if I have "nothing to hide" I will have "nothing to fear"



I may get flamed here... but I agree with thedoctors308.  

She was on public transportation that went through the gov't site to pickup/dropoff passengers.  I would hope that the bus only has one designated stop at the site, and if the police want to check ID of people getting off the bus (entering the government site) then that is to be expected.  But for all the people who are on the bus, taking it from point a to e, and have no control over the fact that it stops at point b,c, & d, should not be affected by those people getting off (or on) at the government site.

I mean really, what if she left her driver's license in her car back at the lot she parked at?  Is there a requirement to have a driver's license on you when you are not driving?  especially when riding a bus?

No Expert
11/29/2005 5:36:26 PM EDT
[#8]
If she is not exiting the bus, the FEDS have no right to check her ID.  They can ask her to identify herself and she must give them a name, but is not required to present positive identification.
11/29/2005 5:38:26 PM EDT
[#9]



"She became argumentative and belligerent at this time," the officer wrote.



In other words, we have no other reason to put our hands on her, so lets just make something up. Most of the times I've seen this in real life the LEO has been the argumnetative one.

This is the part that if I were in a jury, my belief in what the officer was saying would go out the window. I would then count everything said to me as an outright lie.
11/29/2005 5:40:32 PM EDT
[#10]
How is checking ID's securtiy?  They are not checked against a data base, the only info to be had from the card is what is on it.  Also, why are they checking who is on the bus and not just who is getting off?

This seems like another "look busy" job by the .gov just to say "see, we have cops checking people".
11/29/2005 5:52:28 PM EDT
[#11]
She should have left her ID at home, and taken a camcorder instead. The people who snatched her up should burn in hell.
11/29/2005 5:58:03 PM EDT
[#12]

Quoted:
How is checking ID's securtiy?  They are not checked against a data base, the only info to be had from the card is what is on it.  Also, why are they checking who is on the bus and not just who is getting off?

This seems like another "look busy" job by the .gov just to say "see, we have cops checking people".



+100000000

Most of  the time the gov asks to see my ID I will ask the guard what is my name, when does my ID expire, etc. after he hands it back to me.  They rarely ever know.  The only thing they remember is my rank. And thats cause they look up and try to see my collar devices.  ID Checks are a frickin joke.
11/29/2005 6:03:51 PM EDT
[#13]
The only papers I make people show is at Walmart.
11/29/2005 6:34:18 PM EDT
[#14]
She said the guards just looked at the IDs and did not record them or compare them with any lists.


"It's one of the multiple forms of security," Rusnok said. "The identification is one means of making sure that, whoever comes on base, that you know that they are who they say they are.


They neither recorded the names nor did they compare to a list.  So, there is no purpose in "check the ID".  From simply looking at the ID, how could they possibly "know that they are who they say they are"?

The problem is that the bus she takes to work goes through a Federal facility.  Why are they allowing a public bus into their facility if they are so concerned about security?

No, this is just an excercise in "obeying authority".  There is no security to be obtained by going through this song and dance.
11/29/2005 6:58:46 PM EDT
[#15]

"It's not even security. It's just a lesson in compliance - the big guys pushing the little guys around."



I think she summed it up best.

I hope she screws them over good.