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Rail News: Safety
8/22/2011
Rail News: Safety
BART letter explains interruption of cell phone service
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In a letter posted Saturday on the agency’s website, Bay Area Rapid Transit (BART) officials explained their rationale for their controversial decision to shut off access to cell phone service in parts of the system on Aug. 11, the day BART police believed a protest would be held on BART platforms.
The decision, which has been criticized by some public organizations as a violation of the First Amendment, was prompted after police believed they had credible information that protestors were using cell phones to coordinate their actions, and that the protest presented an “imminent threat of unlawful and dangerous activities on BART platforms,” the letter stated.
The protest reportedly would have been held to demonstrate against BART police shootings. A protest in July caused the shutdown or partial shutdown of BART stations, BART officials said in the letter.
“BART’s top priority is to ensure the safety of its passengers,” the letter stated. “Prior to a planned protest on Aug. 11, 2011, BART obtained credible information that led us to conclude that the safety of the BART system would be compromised. Out of an overriding concern for our passengers’ safety, BART made the decision to temporarily interrupt cell phone service on portions of its system.
“We are aware that the interruption had the effect of temporarily preventing cellular communications for many BART passengers and their families, and we regret an inconvenience caused by the interruption,” the letter said.
The letter also stated that the cell phone service interruption “was not intended and did not affect any First Amendment rights of any person to protest in a lawful manner in area of BART stations that are open for expressive activity. The interruption did prevent the planned coordination of illegal activity on the BART platforms, and the resulting threat to public safety.”
The decision, which has been criticized by some public organizations as a violation of the First Amendment, was prompted after police believed they had credible information that protestors were using cell phones to coordinate their actions, and that the protest presented an “imminent threat of unlawful and dangerous activities on BART platforms,” the letter stated.
The protest reportedly would have been held to demonstrate against BART police shootings. A protest in July caused the shutdown or partial shutdown of BART stations, BART officials said in the letter.
“BART’s top priority is to ensure the safety of its passengers,” the letter stated. “Prior to a planned protest on Aug. 11, 2011, BART obtained credible information that led us to conclude that the safety of the BART system would be compromised. Out of an overriding concern for our passengers’ safety, BART made the decision to temporarily interrupt cell phone service on portions of its system.
“We are aware that the interruption had the effect of temporarily preventing cellular communications for many BART passengers and their families, and we regret an inconvenience caused by the interruption,” the letter said.
The letter also stated that the cell phone service interruption “was not intended and did not affect any First Amendment rights of any person to protest in a lawful manner in area of BART stations that are open for expressive activity. The interruption did prevent the planned coordination of illegal activity on the BART platforms, and the resulting threat to public safety.”
