CPE partnered with the Bay Area Rapid Transit agency to investigate the impact of fare evasion enforcement on public safety, racial equity, and public access.
San Francisco, CA — The Center for Policing Equity (CPE) announces the publication of a new report, BART Fare Enforcement: Balancing Goals, Community Concerns, and Human Costs, in partnership with Bay Area Rapid Transit (BART). The report is a comprehensive assessment of BART’s approach to fare enforcement and its policies, and provides data-driven recommendations for improving BART’s current enforcement operations.
CPE originally partnered with BART in 2016 to study the impact of policing throughout the BART system, culminating in a 2020 report with 12 actionable recommendations to address operational issues related to racial equity and use of force. Building on this partnership, BART engaged CPE in 2022 for a deeper investigation into the impact of fare evasion enforcement on public safety, racial equity, and access.
This new report focuses on the experiences of BART riders from eight stations with high rates of fare evasion stops by BART police – identified using findings from CPE’s 2020 report and preliminary data collected for this project. CPE conducted one-on-one interviews with BART riders living in the five counties BART serves. In addition to sharing their experiences with fare affordability and police contact, among other topics, community members offered input on how to improve BART’s public safety responses.
“During the focus group sessions, BART riders identified several safety concerns experienced while riding BART or while at BART stations. These included concerns with homelessness and people with mental health conditions, discomfort with public disorder, and quality of life issues,” said Paula Ioanide, Qualitative Methodologist for CPE. “Rather than focusing on punitive enforcement measures, BART priorities need to shift toward practices that address riders’ concerns as well as building trust with communities served.”
The recommendations contained in this report were developed using qualitative research from 14 focus groups, quantitative analysis using financial, ridership, and BART Police Department (BPD) data, and publicly available data collected as part of California’s Racial and Identity Profiling Act (RIPA). If implemented, CPE’s new recommendations – of which the full list is also included in the accompanying report brief – will improve outcomes for BART riders by:
- Expanding BART’s Transit Ambassador and Crisis Intervention Team (CIT) personnel as non-police responses to public disorder and community concerns regarding unhoused individuals and people with mental health conditions.
- Clarifying BPD’s warrant policy to eliminate discretion regarding arrests for misdemeanor warrants. The policy should mandate that officers arrest only for an outstanding misdemeanor warrant if required by California Penal Code § 827.1 or a specific BART policy, and that officers must issue a citation in all other instances.
- Revising BPD policy to explicitly require warnings for individuals stopped for fare evasion for the first time. Additionally, update policies to mandate the use of civil proof-of-payment citations instead of criminal citations under California Penal Code § 640, except in specific circumstances.
- Improving access to discounted fares for riders who are low-income, youth, seniors, and people with disabilities by automating eligibility for and access to BART discounted cards for individuals with Medi-Cal Benefits Identification Card (BIC), Electronic Benefits Transfer (EBT) cards, Supplemental Security Income (SSI)/Social Security Disability (SSD) eligibility, and student or senior IDs. Discounted card availability should be expanded at BART stations, and more community partners should be formally engaged to assist with discounted card applications online.
- Ending the enforcement of fare evasion under California Penal Code § 640(c)(1) as a misdemeanor to reduce the human and fiscal harm incurred by BART riders, as well as the impact on social service and criminal legal systems.
There is tremendous opportunity for BART to improve the quality of the services it provides by implementing the recommendations outlined in this report. Elevating community needs will create a safer and more equitable experience for the individuals, especially those from marginalized communities, who rely on a safe and operational public transportation system to meet their daily needs. Implementation of CPE’s 17 new recommendations will also support BART’s solvency in the long term.
Additional resources include a blog post.
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The Center for Policing Equity (CPE) is a 501 (c) (3) non-profit that uses data science to
empower vulnerable communities—particularly Black communities—to partner with leaders on redesigning public safety systems that facilitate bold, innovative, and lasting change.