City Orders Public Officials To Stop Searches of Trash

City Manager Robert W. Healy ordered Public Works employees to stop their daily searches of trash yesterday, putting an end to a controversial recycling enforcement program many residents termed "immoral."

The Recycling Commission began searching bagged trash left on street curbs for recyclable materials a week ago to enforce the year-old recycling ordinance.

Before Healy brought an end to the searches yesterday, Cantabrigians caught throwing out recyclable goods after a first offense were fined $25.

Healy could not be reached for comment yesterday but public works officials said they would abide by the order and hope to have a new enforcement program in place by the end of the month.

Residents had criticized the proposal saying the searches were similar to the rubbish-opening tactics employed by former FBI chief J. Edgar Hoover.

"The city government is engaged in espionage," said Peter H. Desmond '69, who petitioned the City Council to ban the practice in their meeting next Monday. "This doesn't sound like Cambridge to me."

"They could find condoms or extreme political literature," said Desmond.

Public words officials chose trash bags at random on their daily examinations, searching for evidence of recycling, said Jan C. Asceti, recycling coordinator of Cambridge and head of the program.

City ordinances require residents to recycle plastic, cans, glass, newspapers, magazines, cardboard, phone books and leaves.

"We're not looking for the stray shampoo bottle," she said. "People making a good-faith effort don't have to worry."

In order to find the owners of the trash, Asceti and other public works employees also checked through documents found in the trash.

"Sometimes the box is without a label or apartment number. We have to ask, 'Whose is it?'" she said.

Asceti said the concerns of residents were "understandable," but asserted that the trash is public property.

"There is no provision for keeping the trash private," she said.

But many residents said that the legality of the searches was not in question.

"It's legal, but it's morally equivalent to reading people's mail," said James D'Entremont, a resident of Central Square.

John Roberts of the Civil Liberties Union of Massachusetts said that people should be able to expect that the city dispose of their trash without looking through it.

"It's one thing to look for felons, but it's another to be looking for Clorox bottles," he said.

Professor of Law Richard H. Fallon Jr. saidthat practice was legal according to recent courtdecisions. "But that doesn't mean it's a goodidea," he said.

D'Entermont criticized the search, whichrewarded people who complied with the ordinancewith prizes, for being "very culturally biased."

The prizes this month were $25 giftcertificates to Wordsworth Books. Last spring, thecity ran a similar contest, with a $25 gift basketfrom Origins.

"I live in a neighborhood with many people onwelfare, immigrants leading stressful enough livewithout having to worry about recycling. It'sludicrous. People having the most problems with ittend to have the least use for the prizes,"D'Entremont said. "The prizes are for people who'behaved' themselves after surveillance. It'sludicrous.

Professor of Law Richard H. Fallon Jr. saidthat practice was legal according to recent courtdecisions. "But that doesn't mean it's a goodidea," he said.

D'Entermont criticized the search, whichrewarded people who complied with the ordinancewith prizes, for being "very culturally biased."

The prizes this month were $25 giftcertificates to Wordsworth Books. Last spring, thecity ran a similar contest, with a $25 gift basketfrom Origins.

"I live in a neighborhood with many people onwelfare, immigrants leading stressful enough livewithout having to worry about recycling. It'sludicrous. People having the most problems with ittend to have the least use for the prizes,"D'Entremont said. "The prizes are for people who'behaved' themselves after surveillance. It'sludicrous.