- 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)
FDA Authorizes Moderna and J&J COVID Vaccine Boosters, Approves Mix-and-Match Doses
The approval will allow at-risk Americans who received Pfizer and Moderna vaccines to get any booster six months after their initial series and all Johnson & Johnson recipients 18 and older to do the same two months after their single-shot dose.
New FDA Authorization
The U.S. Food and Drug Administration (FDA) on Wednesday authorized boosters shots of Moderna and Johnson & Johnson COVID-19 vaccines and approved a mix-and-match strategy that will allow people who got one company’s shot to get a booster from a different maker.
The decision paves the way for millions of more at-risk Americans to get extra protection, and not just certain Pfizer recipients as previously approved by the FDA.
Under the authorization, people who received Moderna or Pfizer can get any one of the three booster shots six months after completing their initial series if they are 65 and older, at high risk of severe COVID, or face increased exposure because of their work.
Meanwhile, all J&J recipients 18 and older can get any of the approved vaccines two months after they received the one-shot jab.
Hazy Recommendations, For Now
Notably, the FDA did not recommend a certain combination of vaccines, nor did the agency say whether or not it would be more effective for people to stick with their original vaccine maker for their booster.
The new authorizations draw on a study from the National Institutes of Health (NIH), which found that there are no safety concerns with mixing boosters and that vaccine combinations were at least as effective in stimulating antibodies as matched vaccines.
In the case of J&J recipients, the NIH found that people actually had a higher boost from mixing either Moderna or Pfizer boosters.
However, some of the scientists who worked on the study said it should not be used to recommend one combination over another because the research was limited.
The Centers for Disease Control and Prevention (CDC), which determines vaccine recommendations, could issue more guidance on when and whether people should switch vaccine makers for their booster shots.
An advisory panel for the agency is meeting Thursday to discuss the new FDA authorizations and recommendations.
Once the panel makes its decision, the CDC director has the final say on the guidelines. If the agency agrees with the FDA’s decisions, the booster shots could be rolled out as soon as this weekend.
See what others are saying: (The New York Times) (NPR) (The Washington Post)
Paris Hilton Urges Lawmakers To Crack Down on Abusive Teen Treatment Facilities
The heiress alleges that she was a victim of abuse in these types of centers for two years and wants to ensure that no child suffers through the same experience.
Paris Hilton Details Abuse Within “Troubled Teen Industry”
Socialite and entrepreneur Paris Hilton spoke outside of the U.S. Capitol on Wednesday to support the Accountability for Congregate Care Act, which is set to be introduced in the near future.
Hilton joined Rep. Ro Khanna (D-CA), Rep. Adam Schiff (D-CA), Rep. Rosa DeLauro (D-Conn.), and Sen. Jeff Merkley (D-Ore.) to advocate for the legislation, which aims to create a “bill of rights” for children in treatment and behavioral centers.
The heiress has alleged that she spent two of her teenage years in these types of facilities and was subject to rampant abuse. She is far from alone.
During a press conference, Hilton said that one night when she was 16, she woke up to two large men in her bedroom forcing her out of her house. She said she screamed for help because she thought she was being kidnapped, but her parents watched as she was taken away to a “troubled teen” program.
“Like countless other parents of teens, my parents had searched for solutions to my rebellious behavior,” she explained in an op-ed for The Washington Post this week. “Unfortunately, they fell for the misleading marketing of the ‘troubled teen industry’ — therapeutic boarding schools, military-style boot camps, juvenile justice facilities, behavior modification programs and other facilities that generate roughly $50 billion annually in part by pitching ‘tough love’ as the answer to problematic behavior.”
Hilton said she was sent to four different facilities where she was “physically and psychologically abused.”
“I was strangled, slapped across the face, watched in the shower by male staff, called vulgar names, forced to take medication without a diagnosis, not given a proper education, thrown into solitary confinement in a room covered in scratch marks and smeared in blood and so much more,” she explained during the press conference.
“At Provo Canyon School in Utah, I was given clothes with a number on the tag. I was no longer me, I was only number 127,” she continued. “I was forced to stay indoors for 11 months straight, no sunlight, no fresh air. These were considered privileges.”
Goals of the Accountability for Congregate Care Act
Hilton claims that a lack of transparency and accountability has allowed this structure of abuse to thrive for decades. In some cases, she said it has taken children’s lives. Now, she wants Congress and President Joe Biden to act.
“This bill creates an urgently needed bill of rights to ensure that every child placed into congregate care facilities is provided a safe and humane environment,” Hilton said of the Accountability for Congregate Care Act.
“This bill of rights provides protections that I wasn’t afforded, like access to education, to the outdoors, freedom from abusive treatment, and even the basic right to move and speak freely. If I had these rights and could have exercised them, I would have been saved from over 20 years of trauma and severe PTSD.”
Foster children, children being treated for mental disorders, and other children in youth programs would be impacted by the bill.
Hilton was one of several survivors and advocates who fought for the legislation on Wednesday. Rep. Khanna thanked them for using their stories to fight for change.
“No child should be subjected to solitary confinement, forced labor, or any form of institutional abuse,” he wrote. “Thanks to Paris Hilton, my colleagues & the survivors & advocates who joined us today to discuss how we can hold the congregate care industry accountable.”
While only Democratic legislators are currently sponsoring the bill, Hilton called for a bipartisan effort to fight for the rights of children.
“Ensuring that children are safe from institutional abuse isn’t a Republican or Democratic issue,” Hilton said. “It’s a basic human rights issue that requires immediate attention.”
See what others are saying: (The Washington Post) (The Hill) (NBC News)
Surgeons Successfully Test Pig Kidney Transplant on a Human
The procedure has been hailed as a major scientific breakthrough that could eventually open the door to a renewable source of desperately needed organs.
Surgeons at the NYU Langone Transplant Institute revealed Tuesday that they temporarily attached a kidney from a genetically modified pig to a human patient and found that it worked normally.
The operation was the first of its kind and could one day lead to a vast supply of organs for those who are in severe need. According to the Associated Press, more than 90,000 people in the U.S. are in line for a kidney transplant. Each day, an average of 12 die while waiting.
With the family’s consent, the groundbreaking procedure was performed on a brain-dead patient who was kept alive on a ventilator.
According to the surgeons, the pig used was genetically engineered to grow an organ that wouldn’t produce a sugar that the human immune system attacks, which would then trigger the body to reject the kidney.
The organ was connected to blood vessels on the patient’s upper leg, outside the abdomen, and it was observed for over 54 hours, with doctors finding no signs of rejection.
Concerns and Hurdles Ahead
While the procedure was successful, this doesn’t mean it’ll be available to patients anytime soon. Several questions about long-term functionality remain, and it will still have to go through significant medical and regulatory hurdles.
Details of the procedure haven’t even been peer-reviewed or published in a medical journal yet, though there are plans for this.
Experts are also considering the ethical implications of this type of animal-to-human transplant. For some, raising pigs to harvest their organs raises concerns about animal welfare and exploitation. Such medical procedures have already earned criticism from People for the Ethical Treatment of Animals, or PETA.
“Pigs aren’t spare parts and should never be used as such just because humans are too self-centered to donate their bodies to patients desperate for organ transplants,” PETA said in a statement, according to The New York Times.
On the other side of the debate are people like Dr. Robert Montgomery, the director of the N.Y.U. Langone Transplant Institute who performed the breakthrough procedure in September.
“I certainly understand the concern and what I would say is that currently about 40% of patients who are waiting for a transplant die before they receive one,” he told BBC.
“We use pigs as a source of food, we use pigs for medicinal uses – for valves, for medication. I think it’s not that different.”