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Judge Rules No ID Required to Ride NYC Subway

Friday, March 22, 2013 - 04:06 PM

(Daisy Rosario, WNYC) Subway riders in New York City can not be required to carry identification. A federal judge has ruled that it an NY MTA requirement unconstitutional.

The case stems from two train enthusiasts, Ernest Steve Barry and Michael Burkhart, who were arrested while photographing subway cars at a Queens station in 2010. Both men were cited for taking pictures. Barry received an additional summons when he gave an officer his full name but did not produce a photo ID.

The charges were later dismissed. Photography in the transit system is already legal, providing the equipment used is not excessive. The men filed a civil suit challenging the ID rule in 2011.

The judge held that the ID rule as written was unconstitutionally vague, lacking guidance for either the public or law enforcement as to what was meant by ID.

A spokesman for the MTA declined to comment.

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