Man charged in attack over train mask rule
A 40-year-old man was arrested in connection with the attack of a rail conductor who asked him to wear a face covering before boarding a Boston-area train.
Daniel Libby, of Middleborough, Mass., was arrested and charged with assault and battery on a public official, according to a news release from Massachusetts Bay Transportation Authority police. Police said the man “responded with several expletives and refused to place a mask on” at the Braintree MBTA Commuter Rail Station.
“It was then alleged Libby shoved the victim and used his shoulder to force his way into the train,” police said Friday.
When the Centers for Disease Control and Prevention initially stated in May that “fully vaccinated people can resume activities without wearing a mask,” the MBTA issued a news release reminding travelers that “federal and state regulations continue to require face coverings while riding MBTA vehicles and within the MBTA system, regardless of a person’s vaccination status.”
At 5:20 p.m. Wednesday, the Massachusetts Bay Transportation Authority noted officers received a call of an incident at the rail station located about 14 miles outside Boston.
When they arrived, a rail conductor, who has not been publicly identified, told police that Libby refused to wear a mask and attempted to forcibly enter the train. Officers then told the passenger he could not stay onboard.
“Officers informed Libby he had to exit the train and furnish his name as the victim [wished] to pursue assault charges,” police wrote. “Libby refused to cooperate with the officers and would not comply with any requests.”
If convicted, Libby faces up to 2½ years in prison and a fine between $500 and $5,000, according to state law.
Richard Sullivan, superintendent of the Transit Police Department, referred questions from The Post regarding Libby’s bail and his first court appearance to Quincy District Court.
Libby did not immediately respond Sunday to The Post’s request for comment. His vaccination status was not mentioned by transit police.
The incident is the latest in a number of mask disputes involving travelers unwilling to follow coronavirus safety regulations that have led to a surge in disruptions in recent months. The disputes, many of which have been captured on video, have seen travelers — on planes, trains, buses and subways — yelling, fighting and being arrested over their refusal to wear a face covering.
Many of the incidents have happened on planes at a time when the Transportation Security Administration has required all air travelers to wear face coverings on flights, during boarding and deplaning, and while in the airport. The Federal Aviation Administration reported that more than 70% of the 4,385 reports of unruly passengers this year involved those who would not comply with the federal mandate to wear a face covering.
Although the Federal Aviation Adminstration says the rate of such incidents is declining, the total for fines for bad behavior has already eclipsed $1 million for the year.
“We’re still a good two to three times above where we need to be,” the federal agency’s Administrator Stephen Dickson told CBS News.
As the highly transmissible delta variant ravaged the country over the summer, the CDC recommended in late July that vaccinated people resume wearing masks under certain circumstances.
“Those who refuse to comply with the MBTA’s face covering requirement may be denied boarding of or be removed from MBTA vehicles and the system,” according to the MBTA’s guidelines on coronavirus protocols.
Massachusetts, which is averaging nearly 1,700 new cases a day, has seen its rate of daily infections drop by 15% in the past seven days, according to data tracked by The Washington Post. Close to 68% of Massachusetts is fully vaccinated, making it among the most-immunized states in the country.
This is not the first time a mask dispute has resulted in a Massachusetts Bay Transportation Authority passenger being arrested.
When a bus driver asked passenger Daniel Rodriguez to wear a mask in November, the rider reportedly coughed in the official’s face, claimed he had the coronavirus and reportedly struck the driver with a chalk block. Rodriguez, 19, was charged with assault and battery with a deadly weapon, according to police.
In July, the Massachusetts Bay Transportation Authority asked the public for help in identifying a woman who reportedly responded to a bus driver’s request to put on a mask by “smashing out the bus window.”