Unconstitutional Muni Fare Evasion Stops Reportedly Funded In Part By Homeland Security

A recent expose by the San Francisco Examiner reveals that funding for the fare evasion stops on San Francisco Municipal Railway have come partly from Homeland Security. These fare evasion stops are basically a swat like event where Muni police agents frequently accompanied by armed San Francisco police will stop a bus and enter it and require everyone on board to show proof of payment. No one is permitted to exit the bus. These agents of the state will check all of the “clipper” cards to determine the fare has been paid. This can take some time (sometimes up to 15 minutes or more) and people are detained from going about their affairs or leaving the bus. In my opinion this constitutes a form of “unlawful detainer.” Additionally, this type of stop creates a situation where those who have paid their fares could be exposed to dangers due to police interaction with fare evaders or others.

These stops are frequently frightening to non-English speakers, tourists and people who have reason to fear the police or government authorities. And I’m not talking about only criminals but those who have lived in repression violent states such as Nazi Germany, East Germany, Cambodia or other places of state repression. This is happening in a city which proclaims itself as “progressive” and “liberal.” Anyone who experiences these stops as I have has to have some level at repulsion for being detained for no legitimate reason by forces of the state. The concept of “probable cause” for the stop is thrown out the window. This is the slippery slope we are on.

There is a class of people in San Francisco and elsewhere who applauds this kind of police action and they frequently call themselves “liberal” or “progressive.” There are activities on Muni which might call for some type of intervention and I believe that a person could be legally stopped if there was “probable cause” for thinking the person had evaded the fare. That falls within the realm of current constitutional rights. The truth is that muni benefits the entire community and should be available free and paid for by the entire community. Of course this violates the “neo-liberal” thinking so prominent in our nation and even in cities like San Francisco. Riders should expect a clean and safe environment on public transportation. How is this achieved? Of course better jobs and more financial resources for everyone cuts down on social problems. The San Francisco Municipal Transportation Agency says they are now losing about $2 million less on fare evasions but at what cost for the enforcement and at what cost to our civil liberties?

Regardless of the social problems which flow onto Muni, these fare evasion stops are repulsive and frightening to anyone who has any concept of freedom and liberty. Additionally troubling is the involvement of the US Federal Government’s Homeland Security in funding this activity. How much more can we tolerate the federal government’s dictation to our local communities and manipulation through money? They take from us and then give it back with all of their oppressive conditions attached. Local politicians play along with their game.

Homeland Security was also involved in funding the re-opening of a case of a 1971 killing of a San Francisco Police officer. The re-opening of this 40 year old case created a vicious assault on the rights and well-being of a group on men known as the SF8. When will Homeland Security be providing funds to investigate illegal police killings or abuse during the past 40 years?

We are now living in an “American Dystopia” which is the result of over 300 years of dystopia in North America. The Muni fare evasion task forces are just another example.