BART: Panhandler battered passenger who refused to give him money

Birds fly above the platform at the Bay Fair BART station in San Leandro, CA, on Thursday, December 18, 2014. Birds fly above the platform at the Bay Fair BART station in San Leandro, CA, on Thursday, December 18, 2014. Photo: Michael Short, Special To The Chronicle Buy photo Photo: Michael Short, Special To The Chronicle Image 1 of / 20 Caption Close BART: Panhandler battered passenger who refused to give him money 1 / 20 Back to Gallery

A man panhandling in the San Leandro's Bay Fair Station battered a passenger Tuesday after he refused to give him money, according to BART.

The victim placed the suspect, Eric Blackmon, 30, of Hayward, under citizen's arrest for aggressive panhandling and battery, according to the BART Police Department's police log. Blackmon, who was on probation, was booked into Alameda County's Santa Rita Jail and issued a prohibition order preventing his return to BART.

BART then sparked an online debate within its Facebook post about the incident.

"Panhandling is considered free speech under the law," explains the post, "but aggressive panhandling is a violation of the penal code and is not tolerated."

This statement was questioned by a handful of commenters.

"Wrong, BART. Panhandling is free speech WITH certain restrictions," wrote one commenter.

"Free speech? People are trying to commute," wrote another.

Panhandling is in fact protected by the First Amendment to the U.S. Constitution, says Maria Foscarinis, executive director of the National Law Center on Homelessness and Poverty. The penal code violated by aggressive panhandling is 647C, which states, "Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor."

Foscarinis noted that the suspect's alleged actions "don't have anything to do with panhandling or 'aggressive' panhandling."

"As described, they are simply assault and battery," she said, "which are crimes, regardless of who commits them."

Read Michelle Robertson’s latest stories and send her news tips at mrobertson@sfchronicle.com.