- Protestors have staged “eat ins” and spoken out on social media in support of a BART rider who was handcuffed and cited for eating a sandwich on a train platform, a violation of CA law.
- BART’s General Manager noted that the man refused to provide identification, and “cursed at and made homophobic slurs at the officer who remained calm throughout the entire engagement.”
- But still, the official apologized to the rider and said the transit agency’s independent police auditor is investigating the incident.
A transit official in California’s Bay Area apologized Monday after a video showed a man waiting to catch a train being handcuffed and cited for eating a breakfast sandwich on the station platform.
In a now-viral video posted to Facebook Friday, a police officer is seen detaining a man who has since been identified as 31-year-old Steve Foster. Foster was heading to work around 8 a.m. on Nov. 4 when an officer stopped to tell him he was breaking the law by eating on the platform.
According to Bay Area Transit Authority (BART) General Manager Bob Powers, before the video starts, the officer asked the passenger not to eat and decided to move forward with a citation when he continued to do so.
The video shows the officer holding onto Foster’s backpack as the two argue. “You are detained and you’re not free to go,” the officer says.
“You came up here and fucked with me,” Foster responds. “You singled me out, out of all these people.”
“You’re eating,” the officer says.
“Yeah, so what,” Foster responds.
“It’s against the law,” the officer says. “I tried to explain that to you. It’s a violation of California law. I have the right to detain you.”
The officer threatens to send Foster to jail for resisting arrest and eventually calls for backup. Foster’s friend, who filmed the encounter, tells the officer that there are no signs in the station that say passengers can’t eat on the platform.
“Why is there a store downstairs selling food if we’re not allowed to eat up here?” she says.
“Where is the sign up here that says we can’t eat on the platform? We know we can’t eat on the train.”
Foster continues to eat and tell the officer he does this every morning. The officer continues to hold onto the backpack to detain Foster for refusing to give his name. Foster becomes more frustrated and throws profanities at him.
“You don’t get no pussy at home. I know you ain’t. When was the last time you got your dick sucked? I know it’s been a while,” Foster tells the officer before asking him to call his supervisor.
“I just missed two trains because of your fa**ot ass. You fucking fa*. Ask your momma what my name is,” he also tells the officer.
“Show me a sign where it says I cant eat on the platform,” Foster says, but before the officer can respond he shouts in his face. “Shut up n***a. You ain’t got shit to say and now you feel stupid n***a…You nerd. You fucking nerd. Let my bag go.”
After a few minutes, three other officers arrive and handcuff Foster before walking him down the platform and through the station. One of the officers then tells him he is being held because he matches the description of someone who was creating a disturbance on the platform.
In a second video, the officer tells Foster’s friend he was initially responding to a report of a possibly intoxicated woman on the platform, whom he never found. That’s when he spotted Foster and let him know there is no eating on BART. He also tells the friend there are in fact signs that say there is no eating in the paid area of BART.
Foster was given a citation for the infraction and released after providing his name to the police.
After the footage circulated across social media, (in some cases, shorter edited clips) many users and BART riders expressed their frustration.
I'm just tired of these guys abusing thier badge when there's real criminals out there he wants to spend his time and tax payers money on a guy eating a sandwich. BART Police officer McCormick should be removed from wearing a badge— RAIDERS (@alexberrios214) November 11, 2019
The incident even sparked protests and “eat ins” over the weekend, with more scheduled to continue. One Facebook event for this coming Saturday is called “Eat a McMuffin on BART: They Can’t Stop Us All.”
According to BART Communications Director Alicia Trost, eating is prohibited in the “paid area” of the transit stations, meaning once passengers pass through the ticketing gate. The specific California law is PC 640 (b) (1): “Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.”
Though many social media users thought Foster was arrested for the incident, the BART spokesperson clarified that he was only issued a citation for eating. The spokesperson said Foster was “lawfully handcuffed when he refused to provide his identification,” and added that “the court will determine level of fine he should pay.”
Similar statements were provided on social media to users who had questions about the situation.
We have confirmed w/ the Deputy Chief he was not arrested. He was cited for eating which is a violation of state law. No matter how you feel about eating on BART, the officer saw someone eating and asked him to stop, when he didn't he was given a citation.— SFBART (@SFBART) November 8, 2019
We asked police why he was handcuffed and was told the individual was refusing to provide his name which is needed for citation and was lawfully handcuffed.— SFBART (@SFBART) November 8, 2019
We've captured the social media posts and delivered them to the Independent Police Auditor. https://t.co/RmDCiQ3RyW
In his Monday statement, General Manager Powers said, “As a transportation system, our concern with eating is related to the cleanliness of our stations and system.”
“This was not the case in the incident at Pleasant Hill station on Monday,” he continued.
He noted that Foster, “refused to provide identification, cursed at and made homophobic slurs at the officer who remained calm through out the entire engagement,” but added that context of the situation was important.
“The officer was doing his job but context is key. Enforcement of infractions such as eating and drinking inside our paid area should not be used to prevent us from delivering on our mission to provide safe, reliable, and clean transportation. We have to read each situation and allow people to get where they are going on time and safely.”
“I’m disappointed [by] how the situation unfolded. I apologize to Mr. Foster, our riders, employees, and the public who have had an emotional reaction to the video,” he added.
In response to the statement, Foster told KGO–TV “I’m definitely upset, mad, a little frustrated, angry about it.”
“I hope they start focusing on stuff that actually matters like people shooting up dope, hopping the BART, people getting stabbed.” He also told other news outlets that he believes he was singled out because of his race and want the officer who cuffed him to be disciplined.
Foster said he is looking into his legal options as of now. According to Powers, the transit agency’s independent police auditor is investigating the incident.
See what others are saying: (Fox News) (NBC Bay Area) (CNN)
After Uvalde, Politicians, Public Figures, Gun Violence Survivors, and More Call For Change
“When are we going to do something?” Golden State Warriors Coach Steve Kerr asked during an emotional plea at a press conference.
Uvalde Shooting Kills 21 People
Democratic politicians, activists, and many others are calling for gun reform in the United States after 19 children and two teachers were killed in a Tuesday shooting at Robb Hill Elementary School in Uvalde, Texas.
The 18-year-old suspected gunman was reportedly killed by officers. The massacre marks the 27th school shooting of 2022, according to Education Week.
It also comes just a week and a half after 10 people were killed in a shooting in Buffalo, New York, and another shooting in a Southern California church left one person dead and several others injured.
Sen. Chris Murphy (D-Ct.) spoke fervently on the Senate floor Tuesday, slamming his colleagues for refusing to pass gun control legislation that could prevent future shootings.
“What are we doing?” he asked of his fellow lawmakers. “Why do you spend all this time running for the United States Senate? Why do you through all the hassle of getting this job, of putting yourself in a position of authority, if your answer is, as the slaughter increases, as kids run for their lives, we do nothing? What are we doing?
“Why are you here if not to solve a problem as existential as this?” he continued. “This isn’t inevitable. These kids weren’t unlucky. This only happens in this country.”
“And it is a choice. It is our choice.”
President Joe Biden likewise urged action by supporting the now-expired assault weapons ban.
“We can do more. We must do more,” he added.
Public Figures And Shooting Survivors Speak Out
The demands for change spread far past political figures. Golden State Warriors coach Steve Kerr took time out of a pre-game press conference to passionately plead for common-sense gun control. He specifically called on Senators to vote on H.R. 8, a background check bill previously passed in the House.
“When are we going to do something?” Kerr asked while slamming his hands on the table.
“I ask you, Mitch McConnell, I ask all of you senators who refuse to do anything about the violence and school shootings and supermarket shootings. I ask you: Are you going to put your own desire for power ahead of the lives of our children and our elderly and our churchgoers?” Kerr continued. “Because that’s what it looks like.”
He went on to say that Americans, who largely support background checks, are “being held hostage by 50 Senators who refuse to even put it to a vote.”
Grammy Award-winning musician Taylor Swift shared his message, adding that she is filled with “rage and grief” not just from the shootings, but by “the ways in which we, as a nation, have become conditioned to unfathomable and unbearable heartbreak.”
“It doesn’t have to be this way,” tweeted David Hogg, an activist and survivor of the 2018 school shooting in Parkland, Florida. “The way we will make this time different is by Americans on both sides of the aisle collaborating on what we can agree on to get something done even if small. Kids are dying we have to do something.”
Manuel Oliver, the father of one of the children lost in the Parkland shooting, slammed the inaction of politicians in an interview on CBS News.
“The families don’t need your freaking hearts,” Oliver said. “They need their kids, and the kids are not there anymore. So I feel very angry and offended and I just don’t understand how come a whole society doesn’t wake up.”
People impacted by the 2012 Sandy Hook shooting also spoke out, including Mary Ann Jacob, who worked as a librarian at the school during the shooting.
“I’m so sorry those deaths did not change our world,” Jacob wrote.
Texas-based figures felt especially compelled to stand up as the tragedy hit so close to home. Academy Award-winning actor Matthew McConaughey, whose hometown is Uvalde, wrote a message on social media asking Americans to “take a longer and deeper look in the mirror and ask ourselves, ‘What is it that we truly value?’”
“We have tragically proven that we are failing to be responsible for the rights our freedoms grant us,” McConaughey wrote.
“Action must be taken so that no parent has to experience what the parents in Uvalde and the others before them have endured.”
Fellow Texas native Selena Gomez also took to social media to argue for action.
“If children aren’t safe at school where are they safe? It’s so frustrating and I’m not sure what to say anymore,” the “Only Murders in the Building” star wrote on her Instagram story. “Those in power need to stop giving lip service and actually change the laws to prevent these shootings in the future.”
We make it a point to not include the names and pictures of those who may have been seeking attention or infamy and will not link out to websites that might contain such information.
Lawmakers Call For Action as Oil Companies Post Record Profits Amid Rising Gas Prices
A recent analysis from the Center for American Progress found that the top five oil companies earned over 300% more in profits during the first quarter of 2022 than the same period last year.
As Consumer Prices Climb, Big Oil Profits
American oil companies are facing increased scrutiny over profiteering practices as gas prices continue to surpass record highs driven by Russia’s ongoing war in Ukraine.
Last week, costs surged to above $4 per gallon in all 50 states for the first time ever, according to the auto club AAA. Prices are currently averaging over $4.59 per gallon nationwide, which is 50% higher than they were this time last year.
In addition to consumers hurting at the pump, there are also rising concerns for industries that rely on fuel and oil like trucking, freight, airlines, and plastic manufacturers.
To account for high prices, some in sectors have responded by ramping up prices further down the supply chain to account for costs, putting even more of a burden on consumers to pay for everyday items.
But as Americans struggle with sky-high gas prices at a time of record inflation, recently released earnings reports show that many of the world’s largest oil companies thrived in the first quarter of 2022.
ExxonMobil more than doubled its earnings from the same period last year, reporting a net profit of $5.5 billion. Meanwhile, Chevron logged its best quarterly earnings in almost a decade, and Shell had its highest earnings ever.
According to a new analysis conducted by the Center for American Progress, the top five oil companies — including the three mentioned above — earned over 300% more in profits this quarter than during the same time last year.
“In fact, these five companies’ first-quarter profits alone are equivalent to almost 28 percent of what Americans spent to fill up their gas tanks in the same time period,” the report noted.
Per Insider, for at least four of those companies, that growth marks a tremendous increase in profits from even before the pandemic.
Lawmakers Ramp-Up Efforts to Reduce Prices
To address these startling disparities, federal lawmakers have moved in recent weeks to increase pressure on oil companies and take steps to lower prices.
On Thursday, the House of Representatives passed a bill proposed by Rep. Katie Porter (D-Ca.) that aims to reduce gas prices. The legislation, called The Consumer Fuel Price Gouging Prevention Act, would give the president the authority to issue an Energy Emergency Declaration that would be effective for up to 30 days with the possibility of being renewed.
In that emergency period, it would be illegal for anyone to increase gas or home energy fuel prices to a level that is exploitative or “unconscionably excessive.”
The proposal would also give the Federal Trade Commission the power to investigate and manage instances of price gouging from larger companies and give state authorities the ability to enforce price-gouging violations in civil courts.
The bill, which has already seen widespread opposition from Republicans and extensive lobbying from pro-oil interest groups, faces an uphill battle in the 50-50 split Senate.
During debate on the act Thursday, Rep. Porter delivered an impassioned speech accusing oil companies of driving their record profits by using their market power to unfairly increase prices.
“The oil and gas industry currently has more than 9,000 permits to drill for oil on federal land, but they are deliberately keeping production low to please their investors and increase their short-term profits,” she said. “Even when the price of crude oil falls, oil and gas companies have refused to pass those savings on to consumers.”
“Let me be clear: price gouging is anti-capitalist,” Porter continued. “It exploits a lack of competition, which is a hallmark of capitalism. It is an effort to juice corporate profits at the expense of customers. Energy markets are reeling because of Russia’s invasion of Ukraine. Big oil companies, however, are using this temporary chaos to cover up their abuse.”
See what others are saying: (The Washington Post) (Vox) (NPR)
Lincoln College to Close for Good After COVID and Ransomware Attack Ruin Finances
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.
One of the Only Historically Black Colleges in the Midwest Goes Down
After 157 years of educating mostly Black students in Illinois, Lincoln College will close its doors for good on Friday.
The college made the announcement last month, citing financial troubles caused by the coronavirus pandemic and a ransomware attack in December.
Enrollment dropped during the pandemic and the administration had to make costly investments in technology and campus safety measures, according to a statement from the school.
A shrinking endowment put additional pressure on the college’s budget.
The ransomware attack, which the college has said originated from Iran, thwarted admissions activities and hindered access to all institutional data. Systems for recruitment, retention, and fundraising were completely inoperable at a time when the administration needed them most.
In March, the college paid the ransom, which it has said amounted to less than $100,000. But according to Lincoln’s statement, subsequent projections showed enrollment shortfalls so significant the college would need a transformational donation or partnership to make it beyond the present semester.
The college put out a request for $50 million in a last-ditch effort to save itself, but no one came forward to provide it.
A GoFundMe aiming to raise $20 million for the college only collected $2,452 as of Tuesday.
Students and Employees Give a Bittersweet Goodbye
“The loss of history, careers, and a community of students and alumni is immense,” David Gerlach, the college’s president, said in a statement.
Lincoln counts nearly 1,000 enrolled students, and those who did not graduate this spring will leave the institution without degrees.
Gerlach has said that 22 colleges have worked with Lincoln to accept the remaining students, including their credits, tuition prices, and residency requirements.
“I was shocked and saddened by that news because of me being a freshman, so now I have to find someplace for me to go,” one student told WMBD News after the closure was announced.
When a group of students confronted Gerlach at his office about the closure, he responded with an emotional speech.
“I have been fighting hard to save this place,” he said. “But resources are resources. We’ve done everything we possibly could.”
On April 30, alumni were invited back to the campus to revisit the highlights of their college years before the institution closed.
On Saturday, the college held its final graduation ceremony, where over 200 students accepted their diplomas and Quentin Brackenridge performed the Lincoln Alma Mater.
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.