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Josh Blumenthal's avatar

I have written before, possibly here, about civility and today's topics reminded me of it yet again. The quality of our lives, individually and collectively, is heavily influenced by the presence, or lack, of civility in our every day interactions. Trying to pull out of a parking space when no driver will pause for the needed 5 seconds is one example. There is a lack of simple grace and civility in that moment, just as there is a presence of it each time a driver waits that moment to allow the other to pull into traffic. If we all practice civility in small ways, the tone of our lives can change. If we are a bit patient, we do not have to experience anger while we wait in line, whether at an airport or food check-out. Civility, grace and generosity are all there for us to exercise at no cost. Yes, even generosity need not cost us anything as it is a matter of spirit, not limited to financial contributions. I might give up a parking space, or a place in line, for someone older, for example. (Disclosure: 97% of the population is younger than me, but I don't see myself that way and I trust you get my point.) To give up a seat for a pregnant woman is an act of generosity. We can enrich our own lives as well as the lives around us with a spirit of kindness and generosity. At the very least, civility can improve the social environment and, again, at no real cost. Abiding by the rules that are there for the benefit of all is another example. The collective behavior of the passengers on the JAL flight saved them all. Little is said about civility and I think more should be said about it.

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Samuel Roberts's avatar

The piece and many of the comments evoked for me a particularly pernicious example of rules and their enforcement (sort of the flipside of our bemoaning scofflaws and their flaunting of rules and disregard for civility). Early on as a public defender, when working night court, we'd routinely see cases where the defendant was charged with the sole offense of Unlawfully Occupying More than One Seat on the subway (violating NYC Transit Authority Rule 1050.7(j)(2), for those keeping score). The act of occupying more than one seat is only illegal if in so doing the actor causes inconvenience to other passengers. Punishment is a fine of up to $25 and/or up to 10 days jail. Without exception (at least as I recall) the poor folks arrested for this offense were warehouse and factory workers either on their way to or coming from jobs (usually at Hunts Point), in the pre dawn hours, when subway cars are mostly empty and even if there was an occupation of more than one sear (by an exhausted worker who fell asleep and slumped over), it couldn't possibly interfere with any other passenger's use of the subway car. Also without exception: the arrestees were undocumented immigrants, usually from Central America. They would spend up to 24 hours in the precinct and then Central Booking (known as The Tombs - the abominable holding pens beneath the rotting Criminal Court building on Centre Street) before seeing a judge and resolving the charge. The usual solution was a plea of guilty to the transition rule violation (a "non printable", non criminal offense which would never appear on anyone's record) and a sentence of "time served" - the hours of incarceration they'd suffer. We would argue that the charge was legally insufficient on its face: as a matter of law there was no way that occupying more than one seat at, say 3:57 AM on a Tuesday morning on the 6 Train could interfere with another passenger. Judges would sigh and look at us and ask: "Counselor, you wanna make a motion and have your client come back to court next month... or do you just want to take the disposition and end this case tonight?" No harm no foul, right? Except of course these poor "defendants" and their families, who'd not heard from them for up.to a day, were completely exhausted and terrified, not really understanding what was going on, whether they were going to prison, about to be deported, etc. They would plead out, and hurry away into the night, getting as fast away as they could from the courthouse and all its dangers. And why would any police officer bother with these arrests? Because the transit cops who made the collars either (1) needed easy arrests at the end of the month (when these cases would.most often crop up) to meet quotas or (2) knew it as an easy way of picking up overtime, if the arrest was made toward the end of a shift, when booking, paperwork, etc would guarantee the cop an extra 6-8 hours on the job. I did a little research and saw that approx 6000 such arrests were made back in 2012. Far as I know, such arrests are no longer made. But this always struck me as a particularly evil - I use the word knowing that it shouldn't be used lightly - example of the exploitation of rules and power imbalance.

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