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On The Front Lines

Rutherford Institute Attorneys Appear in District Court on Behalf of 12-Year-Old Girl Arrested for Eating French Fries in Metro Station

Institute Attorneys Present Arguments for Summary Judgment in U.S. District Court

WASHINGTON --Attorneys for The Rutherford Institute will appear before the U.S. District Court for the District of Columbia on Thursday, June 19, 2003, at 11:00 a.m., EST, on behalf of a 12-year-old girl who was arrested for violating a zero tolerance policy implemented by the Washington D.C. Chief of Police toward petty metro offenses including eating, drinking and smoking. The girl's offense, according to metro officials, was eating a French fry while in a Washington, D.C. metro station. Institute attorneys filed motions for summary judgment against the Washington Metropolitan Area Transit Authority (WMATA) and the Washington D.C. Chief of Police in February 2003. Institute attorneys have charged the WMATA and the D.C. police with constitutional violations including illegal search and seizure and having a discriminatory policy that allows different treatment for minors and juveniles.

On Oct. 23, 2000, Ansche Hedgepeth purchased some French fries on her way to a Washington, D.C. metro station to catch the train home from school. After proceeding to the lower level of the station, Ansche placed one of the fries in her mouth. Immediately, a police officer demanded that she put down her fries and remove her backpack. Although Ansche never resisted or failed to cooperate with the officer, she was handcuffed and informed that it was against the law to eat in a subway station. After removing her shoestrings and searching her jacket and backpack, the officer asked a female officer to frisk Ansche. Ansche was then led to a police car and taken to the police station where she was interrogated, booked, fingerprinted and finally, after being detained for over two hours, released into her mother's custody. In implementing the District of Columbia's statute, which makes it unlawful to eat, drink or smoke within the confines of a metro station, the Metro Transit Police Department had issued its own guidelines stating that adults found in violation of the statute may be issued a citation in lieu of arrest. However, Ansche's mother was informed that juveniles in Washington, D.C., must be taken into custody and cannot be given a citation. Although WMATA claims to have revised their policy so that permit letters would be sent to a juvenile offender's parents and/or school in lieu of arrest, the original procedure mandating arrest remains on the books. Concerned that the zero tolerance crackdowns could be revived at any time, Institute attorneys are asking the court to declare the policy unconstitutional and order the district to refrain from imposing it.

"Ansche Hedgepeth's case is only the best-known example of a legion of cases across the country involving misguided 'zero tolerance' policies that aim to intimidate average persons from engaging in petty offenses," stated John W. Whitehead, president of The Rutherford Institute. "Even the U.S. Supreme Court has taken notice of Ansche's case as an egregious example of misuse of the police power."

The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.




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Nisha N. Mohammed
Ph: (434) 978-3888, ext. 604; Pager: 800-946-4646, Pin #: 1478257
Email: Nisha N. Mohammed

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