AIUI, the searches are before you enter the system, so you haven't paid yet. If you are asked to consent to a search after you have entered the system, and you refuse and are accordingly sent out, then I agree you should get your $2 back.
The fact that the MTA is subsidised by the state government does not entitle you to use the subway, any more than it entitles you to enter any other property whose owner receives a subsidy. Entry is always on the terms set by the owner. Otherwise they couldn't charge you that $2, could they?
The bottom line is that you have no legal entitlement to use the subway. The MTA has the right to set any reasonable conditions it likes for the use of its services. One of those conditions is the payment of a fare. And now another is consent to a search of your bags, if asked. If you don't consent, feel free not to use the subway.
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winterfish
no subject
Date: 2005-07-27 11:39 am (UTC)The fact that the MTA is subsidised by the state government does not entitle you to use the subway, any more than it entitles you to enter any other property whose owner receives a subsidy. Entry is always on the terms set by the owner. Otherwise they couldn't charge you that $2, could they?
The bottom line is that you have no legal entitlement to use the subway. The MTA has the right to set any reasonable conditions it likes for the use of its services. One of those conditions is the payment of a fare. And now another is consent to a search of your bags, if asked. If you don't consent, feel free not to use the subway.