After an Unlawful BART Police Shooting, Protesters are Required to Wait Seven Days in Order to be Legal

Now, ideally, people protesting the next unlawful BART Police shooting would get seven-day notice so they could apply to legally protest the shooting on BART property.

But life doesn’t work that way IRL. So when a BART Police officer shoots somebody unlawfully or by mistake or whatever and people want to have a demo at BART that same day, well, that’s going to be an automatic violation of BART rules even if the protest takes place in the designated free speech area.

Check it:

BART requires those who wish to exercise their right to free speech to have a permit while on BART property. If you wish to obtain a permit, please do the following:

Download the Permit Rules and read them thoroughly. [And the permit application goes directly to BART's P.R. Dept., srsly.]
Download the Permit Application complete it and return it to BART.

BART must receive the permit no less than seven days prior to the date of your activity. Permits received after the seven day deadline will be denied – there are NO exceptions.

See how that works? Irate protesters have the choice of cooling their heels seven day to protest in a legal fashion in a legal area or protest the same day as the shooting illegally.

Maybe that’s part of the reason why you have so many “illegal” protests, BART?

And oh, has any legal protest at BART ever gotten any attention? Not to my knowledge.

And oh, has any Designated Free Speech Area looked good anytime, anywhere in history? Usually, these places are far from the action, sometimes encircled with cyclone fencing all around, you know, like Thunderdome.

Here’s the only Designated Free Speech Area that I’ve seen lately. It’s from somewhere in the vicinity of Strybing Arboretum, that place that got renamed and paywalled (that’s why there’s a boycott going on…) Anyway:

Click to expand

That’s what the people who run things in the Bay Area think protests should look like.

(Now, this designated area might have been a joke, but my point is that you can’t tell the difference – the real thing looks pretty unreal as well.)

To repeat, maybe this is part of the reason why you have so many “illegal” protests, BART?

Just asking, BART-bro.

All the deets after the jump.

The primary purpose of the San Francisco Bay Area Rapid Transit District (BART) is to provide,
safe, secure, efficient, reliable, and clean transportation services to its passengers. In furtherance
of its function as a provider of public transportation, the District intends that its property and
facilities be used for public transit related activities. The District’s transportation interests
include maintaining and ensuring safe and secure transit properties consistent with its security
readiness policies and procedures; preventing delays and inconvenience to passengers by
minimizing congestion and expediting their entering and exiting BART Stations and their
boarding, transferring, and de-boarding of BART trains; and reducing litter pick-up and other
maintenance and administrative expenses so as to maximize public transit services.
To prevent interference and obstruction with the District’s primary transportation responsibilities
and to protect its facilities, while at the same time accommodating expressive activities that are
constitutionally protected by the First Amendment to the United States Constitution and the
Liberty of Speech Clause of the California Constitution (expressive activity), the District has
made available certain areas of its property for expressive activity and has instituted the
following Rules.
These Rules do not govern concessions for the sale of goods or services, or for the distribution of
newspapers, or the issuance of special event permits involving the use of BART Station parking
lots, which are subject to separate policies and permits. Contact BART’s Right-Of-Way
Management Division, (510) 464-6882, for more information.
1. Paid Areas of BART Stations. The “Paid Areas” of BART Stations (where access is
available only to ticketed passengers) shall be reserved for ticketed passengers who are
boarding, exiting or waiting for BART cars and trains, or for authorized BART personnel.
No person shall conduct or participate in assemblies or demonstrations, distribute written
pamphlets or other materials, gather petition signatures or register voters, or engage in other
expressive activities in the Paid Areas of BART Stations, including BART cars and trains
and BART Station platforms.
2. Free Areas of BART Stations. The “Free Areas” of BART Stations (where access is
available to the general public) shall be open for expressive activity, which is otherwise
lawful, upon issuance of a permit by BART subject to these Rules.
3. Permit Application. A Permit Application shall be submitted and received by the
Department of Media and Public Affairs at least seven (7) calendar days, but no more than
thirty (30) calendar days, prior to the date of the proposed activity. The Permit Application
shall include (1) the preferred Station location of the proposed activity; (2) the proposed
activity; (3) the preferred date and time of the proposed activity; and (4) the approximate
number of persons who will participate in the activity
No later than two business days (Monday through Friday, 8:30 A.M. to 5:00 P.M., excluding
BART holidays) before a proposed activity for which a fully completed permit application
has been filed, the Department of Media and Public Affairs shall issue or deny the requested
permit. The Department of Media and Public Affairs may deny a permit application only on
one or more of the following grounds:
(a) The application is not timely, fully completed and executed;
(b) The applicant or the person on whose behalf the application is made has on prior
occasions damaged BART’s property and has not paid in full for such damage;
(c) A fully executed prior permit application for the same time and place has been received,
and a permit has been or will be granted to a prior applicant authorizing uses or activities
which do not reasonably permit multiple occupancy of the particular Station location
identified in the subsequent application;
(d) The use or activity intended by the applicant would present an unreasonable danger to the
safety of the applicant, passengers using BART, BART employees or the general public;
(e) The use or activity intended by the applicant would interfere with the access of BART
passengers to a BART Station or train including interrupting the flow of passengers,
diverting foot traffic, delaying passengers or otherwise disrupt or create an obstruction of the
orderly functioning of BART’s transportation services; or
(f) The applicant or the person on whose behalf the application is made has on prior
occasions made material misrepresentations regarding the nature or scope of an event or
activity previously permitted or has violated the terms of prior permits issued to or on behalf
of the applicant.
Notice of denial of a permit application shall set forth the grounds for denial.
4. Permits. Permits to engage in expressive activity shall be valid for a specific Station
location, date and time period, not to exceed four (4) weeks. In issuing a permit, the
Department of Media and Public Affairs may impose reasonable time, place and manner
conditions necessary to prevent interference with the District’s transportation services. The
Department of Media and Public Affairs will consider safety and security issues pertaining to
the activity, including the availability of appropriate safety and security personnel, in
determining the reasonable time, place and manner conditions that will be imposed on the
permit. Such conditions may include:
(a) Specification of the time and duration of such activity;
(b) Specification of the location of such activity;
(c) Limitations on the number of persons who may participate in the proposed activity; and
(d) Prohibitions or restrictions on the use of containers (including, without limitation, bags,
suitcases, cartons or packages) or the use of tables and chairs.
In addition, each permit shall include and be subject to the prohibitions set forth in Section 5,
Persons issued a permit will be required to have it on their person or with their group when
engaged in their activity. At the request of a BART Station Agent, BART Transportation
Supervisor, Office of External Affairs staff member, or BART Police Officer, persons or
Rev. 10/24/05
48419v1 -3-
Rev. 10/24/05
groups engaged in expressive activities must produce a valid permit for the date, time period
and BART Station location of the expressive activity.
5. Prohibited Activities. No person, while engaging in any activity for which a permit has been
issued, shall: (1) interfere with the smooth flow of passengers through entrances or exits or
other areas of BART Stations; (2) interfere with the access onto or off of an escalator,
stairway or elevator; (3) interfere with access to or from any faregate, ticket or automatic fare
collection machine; (4) interfere with any BART authorized commercial activity or
concession; (5) interfere with BART employees’ conduct of their business; (6) interfere with
access to any fire safety system component, public telephone, information board or news
vending machine or kiosk; (7) post or affix to BART property or facilities, or to vehicles on
BART property or facilities, any signs, leaflets, posters, flyers, pamphlets, brochures and
written, pictorial or graphic material of any kind, or structures, banners and any other
paraphernalia; (8) use a sound amplification device (Penal Code section 640); (9) disturb the
peace (Penal Code section 415), or disturb others by engaging in boisterous or unruly
behavior (Penal Code section 640); (10) willfully block the free movement of another person
(Penal Code section 640) ; or (11) violate any applicable law including but not limited to
Penal Code section 602.7 prohibiting the sale of goods, merchandise or services without
written consent of BART. Any prohibited conduct mentioned above shall be sufficient cause
for cancellation of the permit by BART.
6. Clean-up Required. Any person who is allowed to engage in expressive activity authorized
under the terms of these Rules shall be responsible for removal of all written materials and
other property and clean-up of the areas where the activity was conducted. No such materials
or property shall be left behind or stored at BART Stations or facilities.
7. Responsibility for Damage or Injury. Any person who is allowed to engage in expressive
activity authorized under the terms of these Rules shall be responsible for any damage or
injury arising out of that activity.
8. Activity at own risk. Any person who is allowed to engage in expressive activity authorized
under the terms of these Rules shall do so at his or her own risk. BART does not guarantee
additional security or safety or privileges by issuing a permit under these Rules.
9. Temporary closures. Notwithstanding these Rules, BART shall have the authority to
temporarily close access to areas otherwise open to expressive activity as deemed necessary
under specific or unusual circumstances, such as during construction, special events, or in
response to a threat to safety and security.
10. Assignment. The permit issued under these Rules shall not be assigned, and any attempt to
do so shall be void.
11. Severability. If any provision of these Rules is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in
full force without being impaired or invalidated in any way.

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