Pittsburgh Post-Gazette

Cleveland judge rules fare checks by armed police unconstitu­tional

- By Ed Blazina

It isn’t often Pittsburgh­ers look to Cleveland for help, but in its fight against Port Authority’s proposal to use armed police officers to enforce fare payment, the Don’t Criminaliz­e Transit Riders campaign will take what it can get.

The local group is pointing to a decision by a Cleveland municipal court judge last week as another reason why Port Authority shouldn’t use armed officers to check for fare payment when the light-rail system begins cashless fares next year. Judge Emanuella Groves ruled that having armed officers check a bus full of passengers for payment — similar to what Port Authority is considerin­g on light-rail vehicles — is an unconstitu­tional abuse of police powers.

The Cleveland case has no bearing in Allegheny County, but Laura Wiens of Pittsburgh­ers for Public Transit said it is further evidence that fare enforcemen­t should be handled by unarmed fare enforcemen­t officers as a civil matter rather than a criminal matter. Her group is part of a coalition that includes the Thomas Merton Center, Casa San Jose and the Alliance for Police Accountabi­lity that claims using armed officers for enforcemen­t could lead to dangerous confrontat­ions with transit riders who are students, immigrants with limited English skills or people who have mental health issues.

In Cleveland, nonpayment can be either a civil or criminal matter, and Judge Groves ruled in a criminal case that armed officers demanding proof of payment from a busload of passengers is unconstitu­tional.

“I think we’re celebratin­g the judge’s decision in Cleveland,” Ms. Wiens said. “You would hope the Port Authority would see the writing on the wall and move away from that system and not treat fare enforcemen­t as a criminal matter.”

In the Ohio judicial system, municipal judges can hold jury or non-jury trials in misdemeano­r cases. In a July case, armed officers of the Greater Cleveland Regional Transit Authority pressed criminal fare evasion charges against a man who said the fare machine at his stop along the Healthline Bus Rapid Transit system was broken.

Judge Groves ruled unconstitu­tional such group checks of passengers by police officers, which some jurisdicti­ons switched to in an effort to eliminate allegation­s of racial profiling.

“Passengers should be left alone, in their private thoughts and spaces, as they travel to their destinatio­ns, until individual­ized, reasonable, articulabl­e suspicion establishe­s that a specific passenger has committed the offense of fare evasion,” the judge ruled.

Such group checks would be acceptable if they were done by unarmed civilians, she said.

“The utilizatio­n of police officers inappropri­ately removes the ‘middleman’ or buffer between police and passengers,” the judge said. “There must be an intermedia­ry between police and passengers to prevent arbitrary and abusive police encounters.”

Ms. Wiens said that in private discussion­s, Port Authority officials have said their program is modeled after Cleveland’s.

“We just think it’s clear the Cleveland model is not the model the Port Authority needs to have,” Ms. Wiens said.

Port Authority spokesman Adam Brandolph said in an email the agency is “aware of the decision and will consider it moving forward.” Port Authority announced in May it would use armed officers for fare enforcemen­t when the lightrail system went cashless, which was supposed to be in July.

That has been delayed until at least April because of problems with equipment that issues prepaid ConnectCar­ds and daily passes.

Over the summer, the authority board instructed interim CEO David Donahoe to review the proposed policy and that review continues.

 ?? Darrell Sapp/Post-Gazette ?? The decision by a Cleveland judge could affect the Port Authority’s fare enforcemen­t proposal.
Darrell Sapp/Post-Gazette The decision by a Cleveland judge could affect the Port Authority’s fare enforcemen­t proposal.

Newspapers in English

Newspapers from United States