Keith Mack
In 2019, a man named Steve Foster was handcuffed and cited by Bay Area Rapid Transit (BART) police for eating a sandwich on a train platform. This incident sparked a debate about whether or not it is illegal to eat on BART platforms. According to BART Police Chief Gary Gee, state law and BART policy allow passengers to eat and drink in the 'Free Area', which is outside the fare gates and does not require a ticket. However, eating and drinking in the 'Paid Area', including platforms and trains, are prohibited and can result in a fine of up to $250 and 48 hours of community service. While this law is rarely enforced, BART has stated that it helps them maintain cleaner trains and stations.
| Characteristics | Values |
|---|---|
| Law | Eating or drinking in the paid area is prohibited by California state law |
| Fine | Up to $250 and 48 hours of community service |
| Reason | To keep the trains and stations clean |
| Enforcement | Infrequently enforced |
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What You'll Learn
- California state law prohibits eating on BART platforms
- Eating is allowed in the 'Free Area' of stations
- Eating in the 'Paid Area' is prohibited and can result in fines of up to $250
- A man was handcuffed and cited for eating on a BART platform in 2019
- BART has a goal to maintain cleanliness, hence the no-eating rule
California state law prohibits eating on BART platforms
The law in question is California Penal Code Section 640(b)(1), which allows transit agencies to prohibit eating or drinking on trains and in stations. The maximum penalty for a first-time violation is a fine of up to $250 or 48 hours of community service.
In November 2019, a man named Steve Foster was detained and handcuffed by a BART police officer for eating a sandwich on a train platform. The incident sparked backlash and protests, with many people arguing that the law is outdated as eating on BART trains and platforms is an everyday occurrence. BART's General Manager, Bob Powers, issued a public apology for the incident, acknowledging that the officer was doing his job but context is important. Powers also stated that there are multiple signs inside every station indicating that eating is banned in paid areas.
While BART acknowledges that eating and drinking are common on their trains and platforms, they maintain that the no-eating policy is necessary to keep the trains and stations clean. BART has invested in new seats, composite flooring, and additional train car cleaners to improve cleanliness. The policy also distinguishes between eating and drinking and bringing food or beverages into the Paid Area, allowing riders to bring their lunch or groceries onto the train as long as they do not consume them there.
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Eating is allowed in the 'Free Area' of stations
Eating and drinking are permitted in the Free Area of BART stations. The Free Area is defined as the portion of the station that is outside the fare gates and does not require a ticket to access. This area is distinct from the Paid Area, which includes places like platforms and trains where a ticket is needed.
BART Police Chief Gary Gee has clarified that while eating and drinking are allowed in the Free Area, these activities are prohibited in the Paid Area. This distinction is made to help maintain cleanliness in the Paid Areas, as spills and messes from food and drinks can be challenging to manage in these spaces.
State law and BART policies align on this matter, and riders who eat or drink in the Paid Area are subject to fines and community service. However, riders can bring food and beverages onto trains, as long as they do not consume them in the Paid Area.
The BART system has had a no-eating-or-drinking policy in the Paid Areas since it began service on September 11, 1972. While this policy is occasionally challenged, BART maintains its stance to prioritize cleanliness and safety for all passengers.
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Eating in the 'Paid Area' is prohibited and can result in fines of up to $250
Eating in the paid area of Bay Area Rapid Transit (BART) is prohibited and can result in fines of up to $250. This rule has been in effect since BART began service on September 11, 1972. According to BART Police Chief Gary Gee, "passengers can drink and eat all they want in the 'Free Area,' which we define as the portion of the station that's outside the fare gates where you don't need a ticket." However, eating and drinking in the "Paid Area," which includes places where you need a ticket such as inside the fare gates of a station, on platforms, or on any train, is not allowed.
The no-eating-or-drinking policy in the "Paid Areas" is in place to keep the trains and stations as clean as possible. BART General Manager Dorothy Dugger stated that they are investing in new seats, composite flooring, and hiring more train car cleaners to improve the cleanliness of the trains. Allowing eating and drinking on trains and platforms would make it challenging to maintain the desired level of cleanliness, given the jostling of BART cars and bumping of passengers.
While eating and drinking are prohibited in the "Paid Areas," passengers can bring their lunch or groceries onto a train. BART's top official, General Manager Robert Powers, clarified that although eating in the paid areas is banned, enforcement of this rule should be done with context in mind. He apologized for an incident in 2019 where a man was detained and handcuffed for eating a sandwich on a train platform, acknowledging that the situation could have been handled better.
California law PC 640 (b) (1) states that eating or drinking is prohibited "in or on a (transit) system facility or vehicle in areas where those activities are prohibited by that system." The maximum penalty for a first-time violation is a fine of up to $250 or 48 hours of community service.
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A man was handcuffed and cited for eating on a BART platform in 2019
In 2019, a man was handcuffed and cited for eating a sandwich on a Bay Area Rapid Transit (BART) platform. The incident sparked a backlash on social media and at least one "eat-in" protest in response. BART's general manager, Bob Powers, issued a public apology, saying that "eating in the paid area is banned and there are multiple signs inside every station saying as much." He added that the officer involved was responding to another call and asked the rider not to eat on the platform.
The man, identified as Steve Foster, was cited for an alleged violation of state penal code section 640(b)(1), which allows transit agencies to prohibit eating or drinking on trains and in stations. The maximum penalty for a first-time violation is a fine of up to $250 or 48 hours of community service. Foster's attorneys said that he missed work and experienced emotional distress and humiliation as a result of the incident. They also claimed that he was racially profiled and subjected to selective law enforcement, as other BART riders routinely eat on platforms without consequence.
While eating in BART's paid areas is prohibited, it is allowed in the "Free Area," which is defined as the portion of the station outside the fare gates where a ticket is not required. BART has had a no-eating policy in the "Paid Areas" since it began service in 1972. The policy is in place to keep the trains and stations as clean as possible, as spills and messes would be inevitable if eating were allowed.
The incident has sparked a debate about the enforceability and fairness of the no-eating policy, with some arguing that it is outdated and infrequently enforced. BART's independent police auditor, Russell Bloom, said that his office is collecting evidence on the incident and will decide whether to launch a formal investigation.
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BART has a goal to maintain cleanliness, hence the no-eating rule
BART, or Bay Area Rapid Transit, has a no-eating rule in its "Paid Areas", which include platforms and trains. This rule is in place to maintain cleanliness across its stations and trains.
BART has a large number of riders each workday, and in a passenger satisfaction survey, many of them expressed that BART trains needed to be cleaner. In response, BART has invested in new seats, composite flooring, and more train car cleaners. However, allowing passengers to eat and drink on trains and platforms would make it impossible to achieve the goal of a cleaner BART, as jostling and bumping are common and would lead to spills.
The no-eating rule is, therefore, a part of BART's efforts to provide a clean transportation system. Eating is only prohibited in the "Paid Areas", and passengers are free to eat and drink in the "Free Area", which is the portion of the station outside the fare gates where no ticket is required.
While the rule is in place primarily for cleanliness, it is also enforced for safety and reliability. Eating in the "Paid Areas" is considered an infraction and can result in a fine of up to $250 and up to 48 hours of community service. However, BART's focus is on providing a clean and safe travel experience for its riders.
In conclusion, BART's no-eating rule in its "Paid Areas" is a crucial component of its goal to maintain cleanliness across its stations and trains. By preventing spills and reducing messes, BART strives to provide a pleasant and safe travel experience for its riders.
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Frequently asked questions
No, California state law prohibits eating or drinking in the 'Paid Area' of the BART station, which includes platforms.
The penalty for eating in the 'Paid Area' can be as high as a $250 fine or up to 48 hours of community service for this infraction.
Eating is prohibited in the 'Paid Area' of BART stations to keep the trains and stations clean.
