BART to try manners, not mandates, on its seat hogs

BART directors made it clear Thursday that the so-called seat-hog ordinance is doomed, likely to be replaced by an etiquette campaign or possibly a system in which violators are temporarily banned.

Board President Rebecca Saltzman proposed rescinding the law that allows police to fine BART riders who occupy more than a single seat during crowded commute hours. Directors passed the law on a 5-4 vote last year but a dispute over how it should be enforced meant that it has not been. A vote to kill the law is expected in two weeks.

In discussing the proposal Thursday, directors had plenty to say about whether BART should start enforcing the law, which took effect

in October. It allows BART police to issue citations of $100 for the first violation and as much as $500 for subsequent offenses.

Saltzman, who opposed the law from the start, said she sought to have it rescinded because she considers it a waste of limited police resources, a potential cause of more delays, and something that could lead toward targeting homeless people and possible use of force.

“This is not the way to go,” she said, adding that she would support an expanded etiquette campaign that reminds riders not to take more than one seat, to take off their backpacks and generally behave themselves.

Debra Allen, a director from Clayton, said she surveyed her constituents in Contra Costa County and found that many of them thought BART had better things to do than issue citations to people storing their suitcases on the seat next to them or sleeping across two seats.

“Why are you spending time on this?” she said her constituents wanted to know. “We would rather you focus on making the trains run on time.”

Allen said BART shouldn’t completely abandon the one-person, one-seat rule. She suggested adding a line to the system’s “Everyone is welcome here” signs reading “but this is how we expect you to behave” and posting a list of rules.

Director John McPartland of Castro Valley said BART police need to have the ability to do something when a rider taking multiple seats refuses to sit up, slide over or move his or her luggage.

“I’m not willing to just kick this thing to the curb and depend on the ethical standards of the people on the train,” he said. “Unless we give law enforcement authority to do something, we are giving people permission to be seat hogs.”

Joel Keller, the director from Brentwood who came up with the ordinance last year, suggested that instead of fines, BART could ban repeat seat hogs from using the system for two weeks, a practice used by some systems.

Directors, on a 5-3 vote with Robert Raburn, Saltzman and Bevan Dufty opposed and Lateefah Simon absent, agreed to consider that idea as an alternative to the existing fines in the one-seat ordinance in two weeks.

BART has a code of conduct, adopted in 2013, but it doesn’t include taking more than one seat, and it has no penalties, aside from allowing BART police to escort the offender from the system.

Keller acknowledged that the makeup of the BART board has changed — it has three new directors — but said that the system should make sure that violating one-seat policy has some consequences.

“I’d hate to think this district is going to say we’re going to make it easy for someone to take more than one seat on a crowded train,” he said.

“I’m not willing to ... depend on the ethical standards of the people. Unless we give law enforcement authority ... we are giving people permission to be seat hogs.” John McPartland, BART board member