The American Civil Liberties Union apparently wants to take WMATA to court over its decision to randomly swab bags inside Metro stations — but it needs to find some people who have had their bags swabbed and are upset with the decision first.

According to an announcement made this morning, Johnny Barnes, director of the ACLU of the Nation’s Capital, said the group plans to file suit over the program, which began in December.

“The WMATA board is on collision course with the ACLU and its partners,” [Barnes] said. “In 2008, Metro considered bag searches but decided against them. In December 2010, they decided to do them. In between nothing happened…Suspicionless searches don’t meet constitutional muster, but if you show a special need they do. So what’s the special need?”

Barnes’ case appears to hinge on the fact that when Metro launched the program, they stated that it was not due to any specific terrorist threat. Similar search policies in cities like New York and Boston have been upheld in court as legal in previous years. The ACLU-NCA launched a campaign and a petition against the bag searches in mid-February.

Despite several claims that the maneuver amounts to little more than security theater, Metro General Manager Richard Sarles said last month that the policy wasn’t going away anytime soon.