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BART Apologizes To Man Arrested For Eating On Train Platform, Victim rejects Apology And Considers Legal Action

The Bay Area Rapid Transit system (BART) has issued an apology after an officer arrested a man for eating a sandwich on a train platform.

On Monday, the general manager of BART apologized to a man who was harassed, handcuffed, and then detained by an officer last week because he was eating a sandwich on a train platform. The video of the incident was posted online and immediately received widespread backlash.

BART’s general manager, Bob Powers, said in a statement that “eating in the paid area is banned and there are multiple signs inside every station saying as much” and that the officer, who is white, asked the rider, who is black, “not to eat while he was on the platform responding to another call.” “It should have ended there, but it didn’t,” he added, explaining that the man “did not stop eating, and the officer moved forward with the process of issuing him a citation.”

Powers said the man who was eating refused to provide identification and “cursed at and made homophobic slurs at the officer who remained calm throughout the entire engagement.” He mentioned that “context is key” and said the officer may have gone too far “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,” he said, adding that he was disappointed about “how the situation unfolded.”

The victim was identified as #SteveFoster, who told ABC 7 News that he will not be accepting the transit agency’s apology. “The story got flipped,” he said, adding that he feels like “we’re kind of past the point of no return now.” Foster is now considering taking legal action against BART. The video that lasted 15 minutes shows the two going back and forth while the officer is holding on to Foster’s backpack, telling him, “You are detained, and you’re not free to go.” “I haven’t done anything wrong,” the man said as he repeatedly asked the officer to release the handle of his backpack.

Four officers eventually arrested the man. “Four cops for eating a sandwich,” the person recording the incident said. The man received a citation, according to BART officials, who also noted that he was not arrested. “We have confirmed w/ the Deputy Chief he was not arrested. He was cited for eating, which is a violation of state law,” the transit agency shared on its verified Twitter page last week. “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.”

The incident ignited activists to stage a lunchtime “eat-in” protest over the weekend. The video has since gained more than 3 million views on Facebook.

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