BART set to end its so-called seat-hog law before it got started

Photo: Michael Short, Special To The Chronicle A person takes up two seats on a Richmond bound BART train in...

The end of the line appears near for BART’s never-enforced seat-hog ordinance. BART directors on Thursday will consider rescinding the law, which would have subjected people to fines for occupying more than a single seat during commute hours.

BART directors passed the ordinance on a 5-4 vote in April 2016 after debating whether the effort to free up scarce seats on crowded trains was also an attack on homeless people, who often spread out to get some sleep.

The law took effect Oct. 10 but has never been enforced because directors and BART police never agreed on an enforcement strategy. Some directors objected to the idea of police officers questioning passengers, recording their names and checking their records.

Now BART Board President Rebecca Saltzman said it is time to get rid of the ordinance.

“This is something I’ve intended to do for a while,” she said. “We’re at the point where it’s going to be implemented or not, and the board needs to be clear on whether we’re going to enforce it or not.”

RELATED: Who are the worst types of BART passengers? Check out this slideshow to find out (story continued below).

Who are the worst BART passengers you encounter every day? The One Who Won’t Scoot Further into the Train There is so much space in there! Acres of space! We could rent that space as a studio apartment for $3,000! Why won’t you move down?? less Who are the worst BART passengers you encounter every day? The One Who Won’t Scoot Further into the Train There is so much space in there! Acres of space! We could rent that space as a studio apartment ... more Photo: Santiago Mejia, The Chronicle Photo: Santiago Mejia, The Chronicle Image 1 of / 27 Caption Close BART set to end its so-called seat-hog law before it got started 1 / 27 Back to Gallery

The effort to kill the law comes just weeks after The Chronicle reported that it was not being enforced, contrary to the expectations of riders and some directors.

Director Joel Keller said he wants to know whether his board colleagues consider it a problem that some people, including homeless riders, airport-bound passengers and manspreaders, take up more than a seat, and whether the ordinance could be tweaked to make it more acceptable.

“If we agree there is a problem,” he said, “then we ought to talk about what an appropriate solution would be.”

Some transit agencies, he said, warn those taking up more than one seat to sit up or slide over but allow police to kick those who refuse off the system. Such an approach, he said, would avoid subjecting riders to the criminal justice system merely for the seat violation, a concern expressed by critics.

“If people are concerned this could be a gateway into the criminal justice system, I’m sympathetic to that,” he said.

Saltzman, among other critics, fears the ordinance would be disparately enforced against the homeless and that it would increase the number of rush-hour trains subjected to police stops, already the cause of 17 percent of delays.

“That’s fine when something serious is happening,” she said. “But it’s going to cause huge delays.”

BART riders are divided, with many saying the ordinance seems unnecessary because riders can just ask someone to move a backpack or sit up.

“Most of the time, when given​ the choice of standing or asking someone who has taken over more than one seat to make room for me, I go ahead and ask, as nicely as I can,” said Janet Stromberg of Berkeley. “The vast majority of people are responsive.”

But others want police to ask people to move over.

“I see seat hogs every day and have never seen BART police do anything about it,” said Stacey Weir, of Richmond. “Thus, I make it my hobby to snap pics and post them on Twitter.”

Keller said he hopes to find a way to keep — and enforce — the ordinance so that people are discouraged from sprawling or spreading their belongings across seats.

“It would be good if we could find common ground,” he said, “but if not, I believe the majority of the board will rescind the ordinance.”

With the composition of the nine-member board having changed in December, that seems likely. In addition to Saltzman, Robert Raburn and Nick Josefowitz, who voted against the one-seat rule last year, new directors Bevan Dufty and Lateefah Simon have said they would vote to overturn the ordinance.

Directors must vote to kill the ordinance twice, at separate meetings, for it to be rescinded.

“It’s going to be a close vote,” Saltzman said.

Michael Cabanatuan is a San Francisco Chronicle staff writer. Email: mcabanatuan@sfchronicle.com Twitter: @ctuan