- 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)
All U.S. Adults Officially Eligible for COVID Vaccine
- As of Monday, every adult in the U.S. who would like to receive a COVID-19 vaccine can get one.
- According to the CDC, more than 131 million people, roughly half of all American adults, have already gotten at least one shot. Around 84.3 million, about a quarter of the population, is now fully vaccinated.
- The U.S. is currently on pace to vaccinate 70% of its population by mid-June, but experts worry that herd immunity could be complicated by vaccine hesitancy and when the shots are approved for children.
- While vaccine hesitancy has decreased in recent months, it is still alarmingly high in some areas. Meanwhile, pending FDA approval, experts have said that they believe all children will not be able to be vaccinated until the first quarter of 2022.
U.S. Opens Vaccine Eligibility
Adults in all 50 states, Washington, D.C., and Puerto Rico who want a COVID-19 vaccine can now get one after the last few states opened eligibility Monday, officially meeting a goal set by President Joe Biden.
According to the Centers for Disease Control and Prevention, more than 131 million people — half of all American adults — have already received at least one shot. Around 84.3 million, or about a quarter of the population, is now fully vaccinated.
The open eligibility deadline, which was initially set for May 1, comes as the vaccination rate has risen substantially in the last few months after a slow initial rollout. This month, the CDC said the U.S. has been administering an average of 3.2 million doses every day, up from around 2.5 million last month.
At the current rate, the country is also on track to meet another accelerated goal of Biden’s: administering 200 million doses by his 100th day in office — a number that was originally set at 100 million.
Right now, the U.S. is on track to vaccinate 70% of its population by mid-June.
Barriers to Herd Immunity
However, there are two major factors that will impact the country’s ability to achieve herd immunity: when the shots are approved for children and vaccine hesitancy.
Currently, 16- and 17-year-olds can receive the vaccine but only Pfizer’s version. Notably, Pfizer announced earlier this month that it applied for an emergency use authorization for children ages 12 to 15 eligible for its vaccine, and Moderna is set to release results from its trial on adolescents soon.
Experts worry the full administration could take a while, including Dr. Anthony Fauci, the nation’s top infectious disease expert, who said Sunday that he does not expect children of all ages to be eligible until the first quarter of 2022.
As far as vaccine hesitancy is concerned, polls have found that more people are willing to take the shot than before. Specifically, hesitancy has decreased in Black and Latino communities, where it was previously quite high.
A Kaiser Family Foundation survey from the end of last month found that 61% of adults said they were vaccinated or wanted to be — an increase of 55% from the month before, which was largely driven by the change of interest among Black Americans.
At the same time, the poll also found that fewer than half of Republicans said they have received at least one dose or intend to get it. Additionally, a recent analysis of data in nearly every U.S. county conducted by The New York Times found that both vaccination rates and willingness were lower on average in counties that voted for former President Donald Trump in 2020.
“In more rural — and more Republican — areas, health officials said that supply is far exceeding demand,” the report noted. “And in interviews with more than two dozen state and county health officials […] most attributed low vaccination rates at least partly to hesitant conservative populations.”
Now, public health officials are also concerned that hesitancy will only get worse as officials investigate whether Johnson & Johnson’s shot is linked to a rare blood-clotting disorder. Experts have said the risk is exceedingly low, even if some connection is found, including Dr. Fauci, who said Sunday that he believes federal regulators will likely resume J&J jabs later this week after they were paused last week in all 50 states.
Still, many believe the bad press will likely spell trouble for vaccine-hesitant populations — not just for J&J but for all COVID vaccines — a fact that is especially worrisome as cases in the U.S. have spiked recently. Over the past seven days, the country has averaged 67,000 new cases a day, a significant jump from over 54,000 a month ago.
Others are more optimistic that the expanded eligibility will drive demand in states where it is low, and as a result, those numbers will drop.
See what others are saying: (The New York Times) (The Washington Post) (CNN)
Bodycam Footage Shows Adam Toledo Wasn’t Holding Gun When an Officer Shot Him
- Chicago officials released body camera footage Thursday which showed that 13-year-old Adam Toledo, who was shot and killed by police last month, had put his hands up in the air right before the officer opened fire.
- The graphic video showed the officer, who has now been identified as Eric Stillman, yelling at Adam to stop as he chases him through an alley.
- The teenager obeyed and stopped by a fence, where he can be seen holding what appears to be a gun behind his back. Stillman ordered him to drop it, and then shot him a split second after Adam raised his empty hands in the air.
- The footage prompted renewed outrage, protests, and calls for an investigation. A lawyer for the Toledo family called the killing “an assassination,” while Stillman’s lawyer defended the officer, and claimed he acted appropriately.
Officer Bodycam Footage Made Public
Body camera footage released by Chicago officials Thursday showed that Adam Toledo, a 13-year-old boy killed by police last month, had his hands up when he was fatally shot.
The footage, which was released as part of a report by the city’s Civilian Office of Police Accountability (COPA), showed officers chasing Adam, who was Latino, through an alley in the predominantly Latino neighborhood of Little Village during the early hours of March 29.
The officer ordered Adam to stop. The teenager complied and halted by the side of a fence, holding what looks like a gun in one of his hands behind his back. The policeman yelled at him to drop it and show his hands.
Adam turned and lifted his empty hands, and the officer fired his weapon, striking the teenager once in the chest. The policeman is then seen administering CPR and asking him, “You alright? Where you shot?” while blood poured out of his mouth.
The COPA report published Thursday also identified the officer who shot Adam as 34-year-old Eric Stillman, who is white, and whose lawyer said he had been put on administrative duties for 30 days.
Stillman’s lawyer also argued that the shooting was justified, as did John Catanzara, president of the Fraternal Order of Police.
“He was 100% right,” Catanzara said. “The offender still turned with a gun in his hand. This occurred in eight-tenths of a second.”
Renewed Backlash and Protests
Adeena Weiss Ortiz, an attorney obtained by Adam’s family, said they are looking into taking legal action against Stillman.
“If you’re shooting an unarmed child with his arms in the air, it’s an assassination,” she said at a news conference Thursday.
Ortiz acknowledged the bodycam footage did appear to show Adam holding something that “could be a gun,” but argued the video must be independently analyzed to confirm.
“It’s not relevant because he tossed the gun,” she said. “If he had a gun, he tossed it.”
The American Civil Liberties Union of Illinois also echoed Ortiz’s demands on Thursday, calling for a “complete and transparent” investigation.
“The video released today shows that police shot Adam Toledo even though his hands were raised in the air,” said Colleen Connell, executive director of the ACLU of Illinois.
“The people of Chicago deserve answers about the events surrounding this tragic interaction. The anger and frustration expressed by many in viewing the video is understandable and cannot be ignored.”
Hours before the video was released, Chicago Mayor Lori Lightfoot pleaded for calm in the city, where anti-police protests have taken place in the weeks following the shooting.
“We must proceed with deep empathy and calm and importantly, peace,” she said. “No family should ever have a video broadcast widely of their child’s last moments, much less be placed in the terrible situation of losing their child in the first place.”
Some businesses in downtown Chicago boarded prepared for violence ahead of the video’s publication by boarding up their windows. City vehicles stood by to block traffic.
However, the demonstrations that took place Thursday were small, peaceful, and spread out over several parts of the city. Organizers said they plan to hold more protests Friday.
See what others are saying: (The Chicago Sun-Times) (The New York Times) (The Chicago Tribune)
Eight Dead in Indianapolis Shooting
- Eight people were killed and several more were injured after a gunman opened fire at a FedEx Ground Facility in Indianapolis late Thursday.
- The gunman took his life after opening fire. Authorities have not identified his motive yet.
- According to the Gun Violence Archive, in 2021, there have been 147 U.S. mass shootings, defined as verified incidents with four or more gunshot victims.
- President Joe Biden released a statement calling gun violence “an epidemic in America,” adding, “We should not accept it. We must act.”
Eight Killed in Shooting
Eight people were killed and several others have been wounded after a gunman opened fire at a FedEx Ground Facility in Indianapolis late Thursday.
The gunman killed four people in the parking lot then four people inside before taking his own life, according to local officials. Authorities have identified the gunman and are searching his home, but have not disclosed any potential motives.
“There was no confrontation with anyone that was there,” Deputy Chief Craig McCartt of the Indianapolis Metropolitan Police Department said during a press conference. “There was no disturbance, there was no argument. He just appeared to randomly start shooting.”
Several witnesses told local outlets they initially thought the gunshots were engines backfiring or another type of mechanical noise until they saw the gunman. Some said they heard him shouting indistinctly before opening fire. The investigation is still in very early stages and victims have not yet been identified.
The facility employs 4,500 team members. It is unclear how many were working at the time of the shooting. FedEx released a statement expressing its condolences to the victims and their families.
“We are deeply shocked and saddened by the loss of our team members following the tragic shooting at our FedEx Ground facility in Indianapolis,” the statement read. “Our most heartfelt sympathies are with all those affected by this senseless act of violence. The safety of our team members is our top priority, and we are fully cooperating with investigating authorities.”
Gun Violence in the U.S.
This tragedy follows a recent string of mass shootings in the U.S., including in Atlanta, Colorado, Southern California, and Texas. According to the Associated Press, this is at least the third in Indianapolis this year.
The Gun Violence Archive has logged a total of 147 mass shootings in the U.S. so far in 2021. The organization defines mass shootings as reported and verified incidents with at least four gunshot victims.
Several politicians have released statements about the shooting, including Vice President Kamala Harris, who said this pattern “must end.”
“Yet again we have families in our country that are grieving the loss of their family members because of gun violence,” she said. “There is no question that this violence must end, and we are thinking of the families that lost their loved ones.”
President Joe Biden also released a statement saying that, “Too many Americans are dying every single day from gun violence. It stains our character and pierces the very soul of our nation.”
“Gun violence is an epidemic in America,” Biden added. “But we should not accept it. We must act.”
Indianapolis Mayor Joe Hogsett echoed those remarks in a news conference.
“The scourge of gun violence that has killed far too many in our community and in our country,” he said.
“Our prayers are with the families of those whose lives were cut short,” he added on Twitter.
Hogsett is among 150 U.S. mayors who recently signed a letter asking the Senate to take up gun legislation, including expanding background checks.