Nearly half of BART ‘quality of life’ citations go to black riders, data show

As BART police look to address “quality of life” problems in a bid to win back riders who have become wary of the transit system, new data from the transit agency shows black passengers are ticketed for those offenses at a far higher rate than riders of other races.

In 2018 and 2019, black riders received nearly half of the citations BART police wrote for quality of life violations — a broad category that includes fare evasion, playing loud music, panhandling and other minor offenses — according to data the agency released Friday afternoon. Black riders make up just 12 percent of BART’s passengers.

Tickets for fare evasion made up the vast majority of citations, amid new efforts by BART police to crack down on people hopping over fare gates or pushing through exit doors to get a free ride.

Black passengers received 46 percent of the more than 16,000 civil citations given to people who could not provide proof of payment when contacted by fare inspectors — and 51 percent of the nearly 7,000 criminal fare evasion citations issued by BART police.

White people, who make up 44 percent of BART riders, received 18 percent of civil fare evasion citations and 21 percent of criminal tickets; Latino riders, who account for 18 percent of passengers, received 14 percent of both types of citations. criminal and civil citations. Asian and Pacific Islander riders received about 3 percent of civil and criminal citations, and make up 23 percent of passengers.

Fewer tickets were issued for “code of conduct” violations — such as smoking, aggressive panhandling and eating and drinking — and for “disruptive behavior” like playing loud music, disturbing the peace and lewd conduct. But again black riders bore the brunt of those citations, receiving about half of the citations in each category.

Previous reporting by this news organization found similar disparities in tickets for fare enforcement and for eating and drinking in the transit system, as well as in the use of force by BART police officers.

BART Director Janice Li, who requested the data from police last year, called the disproportionate share of tickets that went to black riders “concerning,” and said she wants to further explore what is driving the racial gaps.

“We have to understand why, and we have to end those disparities,” Li said Friday. “I’m ready and willing to work with the chief to better understand this.”

In a statement Friday, BART police noted the department’s officers receive racial bias training, and that protocols for civil fare evasion tickets are set up to prevent biased enforcement. Fare inspectors conduct spot checks of trains and station platforms by methodically checking every person in that area, and don’t have discretion in issuing tickets if someone can’t prove they entered legally.

Officials said they would embrace expected recommendations from the Center for Policing Equity, which is set to release a study of BART’s police department next summer. They said BART leaders — including officials from the police department, the independent police auditor’s office and other divisions — are also slated to receive racial equity training from another national group.

“As the chief of the BART Police Department I have made it a priority that we continue to build a culture of progressive and equitable policing,” newly appointed Chief Ed Alvarez said in a statement. “We must examine these findings and better understand why they exist and how they relate to the homeless crisis that often leads to quality of life enforcements.”

Amid a rise in violent crime in the transit system, Alvarez has pushed for BART to hire more officers and ramp up police presence in stations and aboard trains. While BART’s board of directors has signed off on those requests to this point, some of its more progressive members have raised concerns that traditional law enforcement tactics could be the wrong response to social problems like homelessness that often play out in the system. The board is set to discuss the citation data at a meeting next week.

Alvarez has said he will ask the BART board for funding to hire another 19 police officers in next year’s budget, on top of the 19 new officers members approved last year. Li said it was too soon to say whether she would vote to approve that request.

“What I really want to do is understand where our police resources are going as we enter those budget conversations, so that we are making sure we are providing the best transit service,” she said.