Thirteen state lawmakers on Wednesday said no appeal should be filed opposing a judge's opinion that TriMet's indiscriminate fare enforcement stops violate the state's constitution.

The legislators - all Democrats from Multnomah, Washington or Clackamas counties - sent a letter to Attorney General Ellen Rosenblum saying they "strongly believe" Multnomah County Circuit Court Judge John Wittmayer's ruling "was the correct one."

Wittmayer on Friday ruled that Ana del Rocio's arrest and citation on a TriMet platform in March violated the state's constitution and found del Rocio was "stopped and seized without individualized suspicion."

The letter comes as it remains unclear whether the state will appeal the ruling, which could have significant ramifications for the public transit service's fare enforcement strategy.

"A policy of sweeping fare enforcement searches violates the constitutional rights of transit riders," the lawmakers wrote. "This practice exacerbates disparities in the criminal justice system and contributes to the over-policing and over-prosecution of people of color, people with disabilities, and people experiencing homelessness and other forms of economic insecurity."

The Democratic lawmakers urged Rosenblum to step in.

In a statement, Rosenblum thanked the lawmakers for the "thoughtful letter from a diverse group of prominent legislators of all backgrounds, including law enforcement," but she declined to say whether the state would appeal the ruling.

Rosenblum said her office is doing what it does under any circumstances where it faces an adverse ruling: It reviews the ruling, discusses it with the district attorney and convenes a team to discuss the issue. She did not say where the office is in that process.

Katie Suver, Marion County deputy district attorney who argued the case against del Rocio, filed a memo with the court saying the state "is considering the possibility of an appeal" and would decide within 30 days of Wittmayer's decision.

The state lawmakers said the judge's ruling "presents an opportunity for the impacted agencies to respond with a renewed focus to truly protect and serve the public by developing an equitable, effective transit system."

TriMet has already changed its punishment for fare evaders in the past year, offering community service and reduced fines as a way to limit citations' impact. The agency also launched a low-income fare program, which has more than 4,000 participants.

The lawmakers said TriMet should invest its money in "further fare relief" for its vulnerable riders, "instead of militarized fare enforcement, enclosure of public transit infrastructure, and continued criminalization of transit riders."

The ACLU of Oregon is also weighing civil litigation, the group first told Willamette Week.

In a statement, legal director Mat dos Santos said, "TriMet's insistence on using a constitutionally deficient practice will cost them, and ultimately taxpayers, a lot of money that they should be spending on creating a more just and equitable system for riders."

At a Wednesday Board of Directors meeting, TriMet General Manager Doug Kelsey addressed the judge's ruling and said the agency was "making some adjustments to our fare enforcement activities right now."

Kelsey declined to cite specifics. "We will continue to deploy them in a manner that we think, frankly, is very lawful," Kelsey told the board.

Kathy Wai, a TriMet board member, said she has received many emails from TriMet riders who said they've had similar experiences with law enforcement on the transit system.

-- Andrew Theen

atheen@oregonian.com

503-294-4026

@andrewtheen



