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Home » BART Board To Take Up Proposed Anti-Panhandling Law

BART Board To Take Up Proposed Anti-Panhandling Law

by CLAYCORD.com
29 comments

BART will debate whether to ban panhandling in its stations and on its trains by the end of October.

At Thursday’s BART Board of Directors meeting, BART Director Debora Allen introduced a proposed ordinance that would prohibit solicitation for money in the paid areas of the BART system. The ordinance could affect not only panhandlers but also musicians and artists who busk in the system.

Allen had previously announced via social media and in news reports that she planned to pursue the ordinance.

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“Why do (BART) riders endure constant panhandling on trains?” she wrote on Twitter on Aug. 3. “Because some Board Directors oppose prohibiting it. A Board ordinance is all that’s needed and is achievable with only 5
director votes. Who’s in?”

Two colleagues had to support the ordinance for the full board to take it up. Directors John McPartland and Mark Foley supported it.

But Foley said during Thursday’s meeting that his support was because he wanted to have an open debate at a meeting, “not on social media and not in the press,” hinting at Allen’s public announcements.

“I believe in honest and open communication,” Foley said.

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Allen could face an uphill battle to pass the ordinance, particularly after the American Civil Liberties Union released a public comment letter on Wednesday questioning whether such an ordinance would be permissible under the Constitution.

“Panhandling, as well as busking and other types of communication where individuals may solicit and receive donations, are forms of speech protected under the First Amendment,” ACLU of Northern California staff
attorney Abre’ Conner wrote in a letter to the BART board. “Singling out and prohibiting these forms of communication would restrict speech based on its content.”

Conner cited a preliminary injunction won by the ACLU in federal court last year that stopped enforcement of a similar city of Sacramento law.

BART Director Rebecca Saltzman requested a legal analysis of the proposed ordinance based on the ACLU’s letter. BART’s general counsel Matt Burrows said that BART’s legal department has worked on an ordinance in light of the Sacramento case.

The item is expected to come before the board sometime before the end of October.

29 comments


Tsa August 23, 2019 - 3:19 PM - 3:19 PM

The ACLU is full of crap…

Ricardoh August 23, 2019 - 3:27 PM - 3:27 PM

You don’t need a board meeting. You put up “no panhandling” signs in respect for your customers. I just can’t tolerate snowflakes anymore I should really stop reading the news.

Gittyup August 23, 2019 - 3:39 PM - 3:39 PM

BART is a largely taxpayer supported system coupled with revenue from fare-paying passengers. It should, therefore, be up to the people who are paying for it whether they want to be harassed, hit up, bullied, or serenaded by this batch of “entertainers” and panhandlers. If the BART Board won’t eject these annoying people from the trains with a full and successful legal challenge, the people will have to take matters into their own hands and boycott the system.

Failing that, the only solution is to not encourage panhandlers and musicians by refusing to give them money. When it is no longer profitable for them to disrupt a ride on a crowded train, they will abandon the practice. They are no better than beggars on a filthy street in a third-world country and that is exactly where they are taking us.

JazzMan August 24, 2019 - 8:13 AM - 8:13 AM

Liberals are the only ones giving them money? Right. Politics has NOTHING to do with this. Make it illegal, enforce the rules, THEN the problem will be reduced, Like all things, it’ll never go away completely.

Dawg August 23, 2019 - 3:59 PM - 3:59 PM

The panhandling at BART is the fault of BART riders. If they would stop giving in to the panhandlers, the panhandlers would go somewhere else.

Ricardoh August 23, 2019 - 4:20 PM - 4:20 PM

That is partial true but BART does not respect its customers if they don’t stop it. Would you go to a restaurant if you had to walk through a line of beggars to get there?

S August 23, 2019 - 4:22 PM - 4:22 PM

how do they intend to enforce that? thet can’t keep people from $hitting on the platforms, $hooting up in the station, camping under their tracks….. maybe the ordinance should cite the people who give the bums money…

S August 23, 2019 - 4:53 PM - 4:53 PM

not just 5 minutes ago, KRON4 ran a story about rampant Drug use on BART…

The Observer August 23, 2019 - 4:28 PM - 4:28 PM

I suspect the panhandlers would be less of a problem if they had to pay the fare, just like everyone else. Effective fare gates would filter out most of them.

RSD August 23, 2019 - 8:40 PM - 8:40 PM

100%!!! I’ve been saying that for years. It’s not that complicated.

C August 23, 2019 - 4:34 PM - 4:34 PM

I agree with Dawg and S and The Observer.. It makes sense that BART should have a rule against panhandling but BART isn’t good at enforcing anything as it is. They should build bigger more effective fare gates (like the NYC subway has) to filter out the panhandlers and troublemakers. And riders shouldn’t give anyone money.

Anon August 23, 2019 - 5:46 PM - 5:46 PM

Would this include the African-American men who bring on their loud music, do gymnastics down the isle in between stops in Oakland and go to each passenger asking for money before they get off?

Gittyup August 23, 2019 - 9:28 PM - 9:28 PM

@Anon Hopefully!

Pony August 23, 2019 - 6:16 PM - 6:16 PM

If I go to a street corner and proclaim Trump is the Lord, I am protected under the First Amendment. If I go into a movie theater and do the same thing I will likely be thrown out. Especially if there are rules regarding it. I ride BART. I pay money to ride it. I don’t want to hear “free speech” aka gangstra rap, panhandling, exploiting children to panhandle, and the entertainers who intimidate riders. Put the rules in place BART and take on the ACLU

S August 24, 2019 - 10:46 PM - 10:46 PM

a theater is private property. BART is a public entity. therein lies the proplem. 1st amendment says that no government can restrict… I dont feel begging and/or such should be considered free speech….

Concordian August 23, 2019 - 6:17 PM - 6:17 PM

http://www.Bart.gov = government run operation
ACLU will win the case
Bart will have no other choice than to put in the New York Subway entry style to keep its ridership from falling even further.

Dorothy August 23, 2019 - 6:23 PM - 6:23 PM

In the meantime, BART is forever panhandling the public at large for more money all the time. More by way of taxes from the fed, state, county, and property owners. More from bonds that are suppose to expire that get extended while trying to get even more bonds passed every few years.

Leave the poor panhandlers alone, at least they are honest about what they are doing .

Gittyup August 23, 2019 - 6:39 PM - 6:39 PM

Do any of the passenger trains in California allow this? The Coast Starlight? The Zephyr? The Capitol Corridor, etc.? I seriously doubt it. And, BART should not allow it, either, for passenger comfort and safety.

DD August 24, 2019 - 8:49 AM - 8:49 AM

Great point. I abandoned BART years ago for traveling to San Francisco in favor of the ferry system. Costs a bit more but you don’t have to deal with this sort of thing.

MCGA August 23, 2019 - 8:08 PM - 8:08 PM

Guaranteed this won’t go through. Too much sympathy for anyone who doesn’t earn an honest living according to the liberals running things. Very sad state we are in and headed down hill fast. Concord is now allowing people to live on city streets in motor homes. I come to work every morning to urine, piles of human crap and trash outside my building off Shary Circle. I even found a brown paper bag full of at least 20 used needles. Try starting everyday cleaning up after people who don’t care enough to even try to dig a hole or piss in the dirt at least. Not too long ago I made one phone call to CPD and the motor home would be gone within the hour. Hopefully Concord wises up before we are in San Francisco like conditions. Ive had my business in the Shary Circle neighborhood for over 20 years. Been through some rough times, but have never been told by CPD officers that they can’t help me because the people who run this city now care more about people down on their luck that the vast majority of the population. Sad, sad, sad. Pay close attention the next time you vote, remember things weren’t this bad not that long ago.

Barbie Girl August 23, 2019 - 10:52 PM - 10:52 PM

They can come to Walnut Creek. The idiots will give them money. I see it every day. Usually women. It makes them feel good about themselves.

WC Rez August 24, 2019 - 12:04 AM - 12:04 AM

Go to the LA greyhound bus depot.They won’t let anyone on the property or in the building that doesn’t have a bus ticket.They won’t allow anyone to bother their passengers.

Janon August 24, 2019 - 6:48 AM - 6:48 AM

It’s unbelievable how our airports are so well kept and secure and BART is a scary place you never know who you’re going to be trapped in a bart car with

MEV August 24, 2019 - 10:53 AM - 10:53 AM

you got that right. last week really bad. one drunk woman drinking out of a paper cup wanting to fight everybody on our car. wouldn’t let men leave their seats. Calling everyone a B sad saying to show her some respect. another crazy woman on the Montgomery St platform screaming for people to quit staring ar her, crazy man on train goes after couple and starts calling the woman a W and spitting on both of them. Chased them to another car and continued to harass. BART lets them all far evade now. Three cops on the last car that night just taking instead of walking through the dam train helping us passengers. BPD is lazy and good for nothing. I am trying to find a different way to work. Oh yeah, robbed last week too by dude who got on at Concord during the day. BART is a criminal enterprise in itself providing a place for all illegal activity to take place on its trains and in its stations. Someone, court appointed, needs to step in here like they are doing with PGandE and expose all their wrongoing.

Tim August 24, 2019 - 12:38 PM - 12:38 PM

And BART wonders why ridership is down. Weak board.

John Q Public August 24, 2019 - 3:38 PM - 3:38 PM

I rarely ride BART anymore, and this was a major reason. I have had multiple experiences of folks begging for money, or demanding money, or demanding money for their “cause”. I refuse to listen, and they get annoyed, will violate my personal space, and have threatened me. Thank goodness I’m 200 lbs, and not a complete fat ass, or I’m sure they would have tried to jump me.

BART – You need people like me to ride, because I will actually pay the fare. But, you gouge me at every turn (parking, fare hikes, etc.), the riding experience is unpleasant, and quite frankly, unsafe. I work hard, and I have grinded my way to be able to afford alternative transport options. Make it better, and people like me will come back. I am hearing about riders refusing to take BART anymore, when they were diehard riders only 5-7 years ago. Figure it out

Bluebird August 24, 2019 - 3:51 PM - 3:51 PM

We should stop paying to ride and panhandle. We will be protected by the ACLU. Am I correct? Then why did I have to purchase a Clipper Card and load money on it? You can keep your dollar a ride discount, I want full fare discount. And I reserve the right to take up four seats, poop and pee myself, and vomit, to guarantee no one else will want to be any where near me.

Tim August 24, 2019 - 8:29 PM - 8:29 PM

If you want to get angrier, YouTube BART fare evaders. $30,000,000 or more in lost revenue could be paid toward enforcement. Stop the bleeding with arrests, then escort violators off the property.
Doesn’t it make sense to the ACLU that the rights of paying riders minding their own business trumps freeloaders causing a disturbance?

KittyWins August 27, 2019 - 7:59 AM - 7:59 AM

If BART enforced fare payments, maybe there would be less panhandlers. Get to the root of the problem, BART.


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