Steve Foster with attorney John Burris (far left) at a news conference at which Burris announced he filed a claim against BART.
A man who was detained for eating a sandwich on the platform of BART’s Pleasant Hill station on Nov. 4 filed a claim against the transit agency on Thursday alleging that he was racially profiled.
Steve Foster, 31, of Concord, alleges in the claim that BART officers selectively detained him based on his race in the incident on the platform at 8 a.m. on Nov. 4 as he waited for a train to take him to his job in San Francisco.
Speaking at a news conference at the office of his attorney John Burris, Foster said he had bought a sandwich at a cafe at the Pleasant Hill station and was eating it on the platform when BART Officer David McCormick
suddenly confronted him and told him, “You can’t eat on BART.”
Foster said of McCormick, “You could see he already wanted to put me in handcuffs.”
Burris said McCormick and other BART officers ultimately handcuffed Foster for an hour and called him names before they cited him for eating at the station and released him.
Burris said Foster “was humiliated, embarrassed and disrespected and seemed to be singled out.”
BART has a policy of not allowing people to eat on its platforms or trains but Burris said that policy is not well-marked and is rarely enforced.
Because of that, Burris said he believes “there was an undercurrent of a racial component” to the incident.
Burris said Foster was almost finished eating his sandwich and McCormick could have just told him to quickly finish it but instead escalated the situation into a confrontation.
Foster said he frequently buys a sandwich at the cafe at the Pleasant Hill station and eats it on the platform before he boards his train and said he’d never previously been warned by BART police not to eat at the
station.
Foster said he knows passengers aren’t supposed to eat on BART trains but wasn’t aware that they also aren’t allowed to eat on the transit agency’s platforms.
Foster said, “I felt I was disrespected and singled out” when he was detained.
Burris, who frequently files lawsuits against law enforcement agencies accusing them of misconduct, said the incident “was a small matter but an important matter in which there was disrespect for an African American
man.”
Burris said the claim is the precursor to a lawsuit that he will file on Foster’s behalf against BART.
The claim doesn’t seek a specific amount of damages but says the total is more than $25,000.
BART said in a statement that it “will not comment on a future lawsuit.”
BART General Manager Bob Powers said in a statement on Monday that the transit agency’s Independent Police Auditor is investigating the case and will report findings to the agency’s Citizen Review Board.
Powers said Officer McCormick asked Foster not to eat and decided to move forward with a citation when Foster continued to do so.
Powers also said Foster refused to provide identification and used homophobic slurs during the confrontation.
Powers expressed disappointment about the way in which the interaction unfolded, but said that eating in BART stations creates a concern for station cleanliness and is a violation of state law.
74 comments
This lands solely in the lap of BART’s GM for apologizing in the first place. An officer cited a person for breaking a BART (advertised per signage everywhere) policy of no food or drinks on a BART train or platform. The GM attacked the officer for performing his sworn duties instead of taking a stand against a POS defiant liberal clown. This is what we get…
Then, there is the other liberal clown Burris. Don’t get me started
I couldn’t have said it better myself!
Agree … also if Burris and Sandwicheater lose the case they should have to pay BART’s costs to fight this frivolous lawsuit.
When a law i not enforced it may as well not be on the book. For instance look at the various telemarketing laws the government does not enforce. There is a law against spoofing phone numbers but they all do it.
That said, how many other people were cited for eating that day? That week?
Dude just hit the lawsuit lotto. He’ll get a payday without a doubt.
But, he’s 31 and he’s acting like a spoiled brat and incapable of following the rules? Bet his parents, wait…parent is proud of him. At least until the money runs out.
Looks like there are going to be a lot more eaters on BART…
There are signs posted everywhere and it’s clear there is no eating or drinking on Bart or the platforms. I’m sure if he just complied it would have been no big deal . By not cooperating, he created this issue. The officer did the right thing and he is a good officer
I agree. The guy was a regular. He knew better. He just wants a payoff. He argued with the officer, refused to stop eating, and then refused to give his ID for a citation. I feel sorry for the officer.
BART was supposedly trying to increase enforcement for the enjoyment of all riders. That includes enforcing the no food/drink rules. And yet their top boss cuts the legs off the cop who is doing what he’s supposed to do. I fully expect BART riding to become even more unpleasant after this.
Officer broke the Disrespect law?
Good to know. Where’s all of the LGBTQ outcry for Mr Foster’s slurs and Hate speech???
Very interesting that Mr Foster is ‘Keepin’ it Real’ in Concord 🙂
Gee he really looks traumatized by such a horrifying ordeal.
So Foster has repeatedly broken the posted law and when he is confronted refuses to comply…. plays the victim and pulls the race card. That’s new maneuver………
“New”?
He said on camera…. I’d do it again… if I’m hungry I’m hoing to eat…how does that not automatically disqualify him? Super annoying
There is a sign saying that eating is not allowed. So yeah..
** BART NEWS**
The Fare for all rides will be increased by $0.25
This is in no relation to last weeks incident.
Thank you all
So he went with Foster, that’s his real name?
The first story said he also had an alias or aka…. but it doesn’t say that anymore… odd.
It was absolutely racial profiling. When I took Bart I use to always eat my bagel and drink my coffee in front of Bart officers and they never said anything to me… cause I’m white.
I don’t think it was racial profiling. I think Foster was looking for a fight, and his girlfriend was conveniently there to film it.
Perhaps you did not receive a citation because it was a bagel. Then they might be accused of Antisemitism. A sandwich is another matter all together. Mr. Burris will make sure there are sandwich eaters on that jury………”Kramer” stands to make a lot of money…….
Based on your past comments, I’ll choose to believe Melanie’s anecdote rather than yours.
You always blame the police for everything no matter what. I remember when the off duty fire fighters got out of control in WC a while back and management had to call police for help and then one of them tried to fight police…..you blamed the police on that one also. Now you make this accusation with no evidence. Sad really, but your track record speaks for itself.
Trauma is promoting more drama …..again!!! Anyway, we all need a good laugh now and then!!!
Let’s not feed the troll. TraumaRx is a one trick pony.
Sounds like a setup to me.Probably a s— sandwich made by Burris himself. He is the reason the BART director threw the officer under the
train.
It seems to me Foster was the one doing the disrespecting. Can the Officer counter sue?
Lets hope BART doesnt cave and reward this bad behavior….thus encouraging others to follow suit. He looked pretty humiliated to me (not)…
I’d be humiliated too, if had wear those shoes and matching lil hat pos had on that day…
Why, why couldn’t he put the food away when asked not to eat and then take it out of his backpack, or wherever, once the BART officer walked away!? He doesn’t seem to be starving and nowhere does it state he has a medical condition. BART more than likely will raise the fare in order to make up for money lost due to this litigation.
Hope the officer sues him for all the verbal assault he had to suffer from this asshat.
Different rules for different people.
FACTS!
I was told by a bart officer to stop eating my doughnut once. There were only a few bites left so i said “Okay”, put it down on top of my backpack. He walked away, I finished it. I think its insane this guy is making it a race issue, its clearly posted you are not allowed to eat.
( i was 15 at the time and didnt even realize i wasnt allowed to eat on the platform. I guess i always saw people eating and thought it was okay.”
This is a rarely enforced rule. And again, it is prominently posted throughout the trains. But not as much on the platforms. Johnny won’t touch a case unless he knows he can get paid. This will cost bart!
How, there is a video of the encounter that clearly shows the BART Officer behaving within both policy and law while doing absolutely not one little thing wrong, while the suspect is clearly breaking both the law and posted rules after already earlier being given a warning about the violation he was committing. Almost everyone speeds every day and CHP does not give out many speeding tickets it’s rarely enforced …..doesn’t mean you get out of the ticket when you get it.
Speaking as parents of grown children.
We are VERY disappointed in you both, Steven and John.
Now go to your rooms and think about what you did.
You have made your mom and dad sad. 🙁
Can’t wait to see the video of all of the other people on the platform that was also eating at the time of the incident. NOT!!
The officer should counter sue for the exact same reason, it works both ways and this genius put his behavior on social media…sue the crap out of him and burris
it’s all about $$$$$$$$$$$$ little
Our present society is pathetic. It is getting worse everyday. If this “Anti the Man” gets a nickel it will get worse.
The State of California has a long history of ignoring laws it doesn’t like. It has set a bad precedent, and these are the consequences.
John Burris. Shocking.
was there anyone else on the platform eating at that time? Did the officer ignore the other 10 people, or was this the only guy? Hard to say you were being profiled if indeed you were the only one breaking the law.
I am aghast at what the State has become. We’ve gone from the Broken Windows theory of law enforcement to suing the cops for disrespecting you by enforcing the laws. Nobody serves time for a misdemeanor. The cops take hours to respond to noise complaints. Bail is eliminated and landlords and employers are prohibited from even asking about a criminal record.
All of you with rental properties brace yourselves. Good luck evicting a methhead tenant or a condo full of 6 more people in residence than allowed. Good luck evicting Grandma who lets her gang banging grandson sleep on her couch a deal drugs in the parking lot. You’ll have to hire a private investigator to prove you have just cause to evict because if the rent is paid in full and on time, evicting for any other reason is difficult under rent control. Calif is now officially a rent control, sanctuary, no bail State. Ugh.
Clown + Clown = Circus
Burris only takes on cases he feels he will win that will result in lotts of compensation……. he’s a scumbag two faced peace of garbage that needs to die. The world would be a better place without him. He only took this case to try the usual bs civil rights bs lawsuit cause the dudes black.
I have a feeling this dude just stood around and pulled out the food every time he saw an officer/security and stared at them while eating it basically asking for them to confront him on it. He had this planned with his girlfriend ready to film and was ready to be stubborn and blame the cop confronting him on racism for a quick easy pay day $$$. Would not doubt he already has a gofund me page as well asking for donations…
I agree. When the woman, or should I say partner in crime, keeps saying where are the signs.
This is REALLY suspicious.
It isn’t as if our political leaders are not scofflaws. Cannabis anyone?
I can make up a similar story too. 😉
Looking to retain a lawyer to sue the idiot that is suing BART for wasting OUR taxpayers money…This kind of crap has got to stop!
Look out P.H. Expect a mad rush of friends/family members to cash in on the free money, just like the Chevron fire when 75,000 “affected individuals” were sent to the hospital with serious “injuries”.
@Rob – Yep, it’s everybody else’s fault. Now you suggest businesses have to shut down cuz this a-hole – a grown man who demands respect, btw – cannot manage his impulses.
“Jimmy Dean breakfast sandwich from the All Aboard Cafe”
So… BART allows people to sell food on the premises but then tells folks they can’t eat it on the platform while waiting for the train…
I get the no eating policy on the cars but not on the platform – that’s ridiculous.
As for the Subject at hand – my question is pretty simple – ARE there people regularly eating on the platform?
I know I have seen it plenty of times and I’ve never seen folks get cited for it – let alone put in handcuffs.
Well – the good thing is with Discovery – we’ll be able to find out how many folks have been cited for this reprehensible crime so we can see if this was something that happens all the time or if it might have been very unusual.
Plus – I am SOOOO very happy to know that there is so little crime and other issues with BART that their police can take the time to cite and ‘cuff people who are eating a Jimmy Dean breakfast sandwich that they bought on the BART property from a vendor that BART leases space to in order to sell food…
“I know I have seen it plenty of times and I’ve never seen folks get cited for it – let alone put in handcuffs.”
And there it is, Rob. Your anti-cop agenda laid bare for all to see. Only someone with such an agenda would claim Foster was handcuffed for eating on the platform. Maybe Burris has a job opening for you.
Your question is only relevant if there were other people eating on the platform AND they refused to stop when informed by the officer that they were in violation.
He wasn’t handcuffed for eating. He was handcuffed only after he refused to stop eating and then he refused to give his ID for a citation. That’ll get you handcuffed and possibly even arrested for jaywalking, littering, etc. It’s the resistance that was the problem.
And yes, it’s good that Bart allows food sales on their premises. You can pick up something to eat on your way out, or get something on your way in that you save for AFTER your arrival at your destination.
Food (not enclosed or packaged) on the platform is a health and safety issue, as is food on the train.
Unfortunately the BS race crap pays so I doubt it’s going to go away any time soon.
No eating allowed….Then why does Bart have Roach Coaches & Cafe’s? on/around there property? STOP! selling food at ALL stations. No food no problem.
It’s nice to grab something to eat on the way out sometimes. I’ve also bought snacks to take with me to eat after I’ve arrived at my destination. BART will lose a bunch of revenue if they kick out all the food vendors (Hello, higher fares!) and hungry people will no longer be able to conveniently buy something to eat. That’s a LOSE LOSE solution just because some guy doesn’t want to take a few minutes to eat outside the station. I’ve been on public trains in several other countries and ALL of them have food vendors just outside the entrance/exit. Enforcement for food/drink and tickets in other countries is much stricter than on BART. I don’t understand why Americans are such whiners about things like this.
Brotherly Love.
What a complete WASTE of taxpayers money!
Looked to me like, he was profiled as being the only person on the platform that was eating and then selectively detained for failure to comply with the lawful direction of a peace officer.
The opening statement: No eating/drinking is a rule. I watched a rat running around the Civic Center station one time-there are no trashcans on that platform. It’s simply a rule to help keep BART neat and clean. It’s a rule like paying for fare. Breaking a rule is at your own risk. The officer was observant, reminded defendant of the rule and was free to cite him – and you need to provide your name to the officer so he can cite you. You don’t need to call the officer names – you broke the rule. This case is a winner!
He doesn’t look humiliated, embarrassed and disrespected. I can hear it now: “This is a clear violation of my client’s rights as a consumer. It’s outrageous, egregious, preposterous!”
It’s clear from the photo this guy is having the time of his life. His 15 minute clock is ticking………
This is obviously an opportunist just dying for free money at our expense. I am sorry for people who will really have a case of racial profiling. Now Mr. Burris will look even more like a joke.
Just another looser looking for something for nothing.And a scum ambulance chasing lawyer looking to make a buck.
Looking forward to the BART checkmate when they bust out Video showing the Police Officers 1st interaction with Mr Sandwich eater.
Mr Sandwich comes to Concord to ‘Keep it Real’.
Setback for race relations.
The GM should be replaced if he doesn’t support his police force. BART is without a rudder. We tax payers deserve better.
I agree! I was appalled at how fast the GM apologized. For what? For enforcing the rules? If the cop walked past a bunch of sandwich eaters of other races in order to confront only Foster, then I could see a problem. But there’s no evidence of that, just a vague complaint that other people eat on the train without getting a citation.
The whole incident is REE DICK U LUS???? Waste of time and money!!! Damn people get your priorities straight!! So you can’t eat on the platform, BFD put it away and eat it later!! Rules are rules!
If only he had “taken a knee” during the whole process, I would have had so much more respect for him than I already do.
The simple solution would be to make enforcing laws illegal.
I am mystified by this whole story. The guy says he was “singled out” because of his race. Were there white, Hispanic, and Asian people eating sandwiches, too, and the cop ignored them and only went after Foster? Eating on the platform isn’t allowed. The cop didn’t start out by arresting him, the cop told him not to eat. Foster refused and started loudly arguing. Then, when the cop wanted to cite him, Foster refused to give his ID. This is a guaranteed ticket to be detained, possibly even arrested until the police can confirm your identity and write you a ticket. It’s true for jaywalking, littering, and other trivial crimes when the perpetrator refuses to give ID for a citation.
I still don’t understand why the BART GM immediately apologized to the man. The instant apology suggests fault, which paved the way for this claim and the lawsuit to follow. Lesson learned: Break the rules, make a big stink about how you’re being discriminated against, refuse to cooperate, refuse to give your ID, then file a lawsuit when the police officer follows procedure.
So now BART will totally ignore the no food and drink rule. The next two lawsuits will be from the family of the person who slips on a spilled milkshake on the platform and falls in front of a moving train, and the family of the person with the severe peanut allergy who touches a railing smeared with peanut butter from someone’s PB&J sandwich.
The rest of us will get to experience BART platforms that smell like restaurant dumpsters from the food & wrappers dropped/thrown on the tracks, the floor, the benches, etc.
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