BART backtracks on removing its only Black board member
Simon can stay in her board seat despite moving outside the district
BART on March 23 said that board member Lateefah Simon will remain in her seat representing parts of the East Bay and San Francisco following backlash over the transit agency's attempt to remove its only Black board member over an address dispute.
Last month, BART's staff sought to vacate Simon's seat because she moved into an apartment complex in Oakland about a block outside of her District 7 boundary. Simon said she had consulted with BART staff prior to the move who assured her that the address — adjacent to the MacArthur BART station — was within her district. BART General Manager Bob Powers later said the mixup appeared to be because of “bad advice.”
In a joint statement March 23, Powers and Rebecca Saltzman, the board president, said BART's staff did not have the legal authority to force Simon out of her seat. Instead, that authority resides with the BART board or through a court order, according to a review of the matter from Olson Remcho, a firm specializing in elections law, which BART now is relying on for the case.
“At first our inside counsel told us it was very clear that the seat was vacated because she had moved out of the district, and nobody disputed that part,” Saltzman said in a phone call. “But outside counsel has made it clear that there needs to be some actual action by somebody, whether it's the board or the court, to vacate that seat.”
It remains unclear what next steps, if any, will be taken to address the future of Simon's seat as her ability to fill the seat while residing just outside the boundary of District 7 remains under dispute. Alicia Trost, a BART spokesperson, said any follow-up actions will be guided by the law firm's ongoing review of the matter and the board.
Simon in a statement blasted BART for an “unlawful removal” from her seat.
“Thank you to my fellow directors for following my legal team's demands, seeking independent counsel and correcting this error so the voters of District 7 are not disenfranchised,” Simon said.
“I will continue to do what I have always done — fight for transit justice, accessibility and equity for the people.”
Debora Allen, a BART board director, said she is waiting for a complete legal review of the situation, which is complicated by BART's redistricting process that alters the District 7 borders. But she would support removing Simon if the legal analysis finds that she has vacated the seat.
The BART announcement comes after an outpouring of support for Simon and backlash against BART for attempting to remove Simon, a longtime racial justice advocate. About 75% of BART riders are non-White, according to a survey released last year.
Earlier this month, Simon's colleagues on the BART board, directors Janice Li and Bevin Dufty, said they would not move forward with appointing a new board director until the agency examined “all legal remedies.”
Simon was elected to the BART board in 2016 and reelected in 2020. She served as president of the board during the height of the pandemic as the agency grappled with plunging ridership and instituting new health protocols.
In 2003, Simon became the youngest woman ever to be awarded a MacArthur Foundation “genius” grant at the age of 26. She went on to work for thenDistrict Attorney Kamala Harris and now is president of the Akonadi Foundation, which focuses on racial justice issues.