an undoing of police public order powers, passports + tickets

Police forces are being required statutorily to compile “diversity policies” to make sure they are operating with understanding of minorities with any type of limitations or disability, however you like to class these things. The ELAS aspie society in Edinburgh has been invited to contribute to this for the Lothian/Borders police area.

It is fortuitous how AS includes a genuine reliance on having the full explicit logic in any situation expressed openly. It means we can’t be expected to guess, culturally or from the state of politics, what will or won’t be counted as acceptable. As many abuses are made possible by expecting folks to guess, everyone, the folks without AS too, are better off if because we exist nobody can be expected to guess. AS’s existence excludes the option of deciding the public should be expected to accept regular situations of challenge on a basis of unannounced rules culturally assumed by police officers to exist.

Because we can’t be distinguished on sight from the neurotypical population, our existence makes this apply to everyone! The state’s duty not to commit population-scale abuses on any section of population, exists at a supraparliamentary international level regardless of what domestic laws on public order are in force at any time. It defines in human rights law the state’s own validity, this is the principle all the supranational trials for population crimes have established. So AS’s existence imposes on the police everywhere – a duty never to enforce on any person any rule that has never been specifically enacted, under generally worded laws of public order giving the police situational powers of interpretation.

This annuls every generally or discretionarily worded power that can ever be enacted, from the medieval English/Scottish law of “breach of the peace” to the modern powers created since 911, from being used to impose any rule that has no separate specific enacted existence. This is a massive thing to say, an advance in democracy, a constitutional and supranational fundamental in the relation of law enforcers and public. It now stands irreversibly recorded as police notified, creating a formal (we’ll see about what really happens) entitlement for all to expect it will be followed. It’s in Scotland but it’s by reasoning that is not confined to here, so it’s everywhere. This is simply thanks to an anti-discrimination duty given to them because the spectrum exists.

The AS scene worldwide should record this for citation + use in all police situations + all liaisons with governments, + all other civil liberty groups should seize on it too. Notify your politicians of it too.

  • Note the parallel with the Dalgety Bay library case. It and this stand separately, don’t depend on each other, but each can be quoted in pursuit of the other. It is a timely example, that though every incidence of unclear or improperly discretionary rulemaking is worth fighting, the position you fight from is stronger when you know you have made a review of anti-discrimination standards at state level answerable to the AS case against this type of rulemaking.
  • It also meant an opportunity to suggest to police, in a situation of their formal duty to have an answer to it, though not of addressing the right force area, so this is just a marker for when other force areas do their “diversity policies” – that to be seen as non-discriminatory in their response to AS means having to take up the stalking issues around AFF and the offence committed against SF by Schlund-1and1.
  • What advances in democracy can be proved from other conditions, in the same way?

ADHD and dyspraxia, for a start, each prove it a minority persecution for anyone ever to be judged by their bearing of any physical document. This is simply because all physical documents are losable. Because you can’t tell by sight who has ADHD, this applies to everyone too. The fact of human fallibility that any physical document can be lost or stolen, may no longer be conflicted with by allowing such loss or theft to result in a disastrous situation. Spread the word on this, make it widely known as fast as possible, to force recognition of it. You can bet the system will be reluctant to concede this if it’s not widely known, they prefer it to be possible for anyone’s life to be devastated in an instant + by chance as you move through the day. It’s absolutely fundamental to personal safety in moving around, that the loss or theft of a physical document which may not be your fault should never place you stranded at the mercy of any official who can hold you responsible for it not to have happened.

This would overturn and prevent identity cards!!! Including the identity cards already used to govern international travel – passports!!! Regardless of the effect on how public transport shall be paid for, it would force an end to the use of losable tickets!!! Thanks to ASDs! and I report this being notified to 3 MEPs, that’s for each non-Labour party – MEPs in order to claim for EU-wide synchrony on it.

Can you beat the importance that people-action like this should abolish tickets? It’s funny how we don’t even have an equivalent of how in Victorian times anyone without money in any place had a right to admit themself to the workhouse for a night. You can have any view you like on how transport should be paid for, but you can’t argue it’s practical that whenever you are distant from home there is an ever-present danger of your life being devastated in an instant by loss or theft of a little scrap of paper or of money, which may not be your fault. This removes, deliberately don’t you think, a position of security from existing when you are moving around, so that there isn’t really free movement.

Once these advances are made, think how barbaric the present situation we have accepted as normal for 200 years will seem in memory! For now, it’s a question of persistence in spreading the word.

Sep 28: Update on 2 MEPs’ responses. Elspeth Attwooll (LD) has promised a response to follow her acknowledgement. This never came – these promises are often just a way of shutting you up until time has moved on and they can pretend to foregt about it. Struan Stevenson (Tory) has responded to the identity cards issue only, expressing his opposition to them and the mass surveillance trends under Labour and “interest” in the angle of using AS and ADHD against identity cards. Oct 19: the third one, Alyn Smith (SNP), has obviously ignored it. How does that contrast with the recent SNP conference going on about winning public confidence, with a Scottish election on in 7 months?

Dec 1: Following a letter in the Metro that mentioned how on the commuter trains into Glasgow, the operators are refusing to bother to sell tickets on trains, instead making passengers queue to get them at the ticket barriers when they each the city, + this can take over 5 minutes, adding unfairly to journmey times + resulting in avoidable latenesses for work. I wrote today to British Transport Police in follow-up to the Lothian police item, to point out that it is now a proven consequence of disability discrimination that there can no longer be such thing as train tickets. Consequently, it is criminal false imprisonment to keep passengers stuck at these ticket barriers, + hence the police are now obliged to back the passengers’ right to proceed without tickets.

2007 election: Mark Ballard, Green transport spokesman until he lost his seat, ignored a lobby about this issue., Nor even about more ordinary dumb behaviour by the giant transport company First which operates some bus and train services in duplication between the same places but without interchangeable fares, as if they were competing services. Not wanting to make any fight about that is a disgusting depth of cycnicism for the party most popularly associated with public transport as a cause. Ballard wouldn’t make any election campaign comment on either issue. His behaviour is too bad for his own candidates: the Green council candidate for “Almond” (west Edinburgh) gave a private answer in support of renationalising most transport in order that multimodal fares could be introduced mostly in the good form of wideranging travel passes. But there was still no comment on not having tickets any more.

Maurice Frank
19/20 Sep 2006