How BART police will keep riders from hogging 2 seats

Taking more than one seat to get some shut-eye won’t be acceptable during rush hour once enforcement of the one-person, one-seat law begins. Taking more than one seat to get some shut-eye won’t be acceptable during rush hour once enforcement of the one-person, one-seat law begins. Photo: Michael Macor, The Chronicle Photo: Michael Macor, The Chronicle Image 1 of / 30 Caption Close How BART police will keep riders from hogging 2 seats 1 / 30 Back to Gallery

Starting this fall, BART riders who fail to contain themselves and their belongings to a single seat during the most crowded times of day may be questioned by police and have their names recorded and criminal records checked.

BART Police Chief Kenton Rainey explained Thursday how his officers will enforce the one-person, one-seat law that the transit agency’s board adopted in April. The goals, he said, are being fair to riders on crowded trains while protecting BART from complaints about profiling or harassment from those whom police question.

But some BART directors, including one supporter of the ordinance, bristled at the idea that transit police might force first-time offenders — perhaps tourists on their way from the airport — to identify themselves and subject them to criminal records checks.

“I think that’s way beyond the pale,” said director Gail Murray of Walnut Creek, who voted for the antiseat-hogging ordinance.

Murray said BART police should change their enforcement strategy to bar officers from forcing people to identify themselves if they comply right away with an officer’s request to occupy only a single seat.

But agency General Manager Grace Crunican said police will be simply following the terms of the law that the BART board approved. Only the full board, she said, can dictate how police enforce the law.

First-time offenders will have their names entered into a database and be given a verbal warning, Rainey said. Those caught hoarding multiple seats a second time will be given a written warning.

Fines start with 3rd offense

On the third offense, a violator will cited. The first citation will cost $100, the second will cost $200, and each additional ticket after that will cost $500. If someone is cited a fourth time, he or she can be arrested.

People whose size or medical condition requires them to occupy more than one seat will be exempt. BART police will enforce the ordinance weekdays from 6 to 10 a.m. and 3 to 7:30 p.m., when trains are most crowded.

BART directors adopted the single-seat law at the suggestion of director Joel Keller of Brentwood. Board President Tom Radulovich voted against the measure, as did board members Nick Josefowitz, Robert Raburn and Rebecca Saltzman. Vice President Murray voted for it, along with board members Thomas Blalock, John McPartland, Zakhary Mallett and Keller.

Josefowitz and Saltzman joined Murray in objecting to the enforcement strategy, which they called extreme. Keller said the directors had no right to nitpick the way police enforce the ordinance and noted that they could propose that the law be rescinded. He suggested the board wait at least six months and review enforcement statistics before considering doing so.

Assessing strategy

McPartland, who has a background in public safety, said the enforcement strategy seemed cautious and “liberal to a fault.”

“Someone does something wrong and we’re going to give them four shots at it?” he said.

Rainey said police will enforce the law without regard to whether an offender is a homeless person, tourist or commuter. The ordinance is scheduled to take effect Sept. 1, and police will issue only verbal warnings during the first month.

“It’s going to be applied equally to the person who puts a briefcase on a seat on a crowded train during the commute or a person who puts a gym bag on a seat, or the person who puts a suitcase on a seat, or the person who puts his feet on the seat and goes to sleep,” the chief said. “We’re going to treat everyone the same.”

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