This occurred at around 8am on 11/4 and the man was issued a citation. He was not arrested.

He was cited for eating which is a violation of state law. It isn’t just a policy or ordinance, it is penal code.

No matter how you feel about eating on BART, the officer saw someone eating and asked him to stop, when he didn't, he was given a citation.

The individual was not cooperative and was refusing to provide his name which is needed for a citation and is why the engagement lasted as long as it did.

We have sent the video to the Independent Police Auditor who has confirmed he is reviewing.