On June 8, 2004, the Massachusetts Bay Transportation Authority (MBTA) announced the development of a policy that would subject riders of the mass transit system to random searches of their bags, packages, and personal items. The MBTA implemented the novel policy prior to commencement of the Democratic National Convention (DNC) and heightened execution of the policy during the convention. While the DNC concluded on July 30, 2004, the MBTA kept its stop-and-search policy on the books for possible future implementation, should the need arise.
Before the Democrats arrived in Boston, the American-Arab Anti- Discrimination Committee and the National Lawyers Guild challenged the constitutionality of the MBTA’s policy in federal district court. In bringing the action against the MBTA, the plaintiffs argued that the policy of random searches did not satisfy Fourth Amendment requirements of reasonableness. United States District Court Judge George A. O’Toole, however, disagreed with the contentions of the plaintiffs and denied their request for a preliminary injunction. Although the court limited the scope and duration of the MBTA’s searches to just one bus route and a single subway line during the week of the convention, it did not resolve the validity of the search policy for other MBTA stations, bus routes, or subway lines outside the proximity of Boston or the context of the DNC. . . .