aclu norcal (august 22, 2011) - letter to bart board of directors

8/4/2019 ACLU NorCal (August 22, 2011) - Letter to BART Board of Directors

1/6


2/6


3/6


4/6

AMERICAN CIVIL LIBERTIES UNION0'

August 15, 2011By United States and electronic mailKenton W. RaineyBART Chief of Police800 Madison StreetOakland, CA [email protected] Chief Rainey ,

On August 12, 2011, BART shut down wireless service in several stations to interferewith anticipated political demonstrations protesting the recent fatal shooting of an unarmedpassenger by BART police. News accounts report that BART has not ruled out doing so againtoday. Thousands of commuters use the wireless service in BART stations to engage in allmanner of expressive activity - to communicate with loved ones , to engage in social networking,to report crime, and to read the news. All of this is peaceful expressive activity that is clearlyprotected by the First Amendment and California Constitution, yet all of this would be restrainedshould BART disrupt cell service today, asit did last week. The American Civil Libelties Unionof Northern California demands that BART not disrupt wireless service today, and that it agreenot to disrupt wireless service in the future in response to planned protest activity.

BART apparently justifies its position on the ground that there is no free speech on aBART platform . If BART has its way, that will certainly be the case this afternoon, but that doesnot make it lawful. While the government has no obligation to build a public park , once it doesso, it cannot shut the park gates to speakers with whom it disagrees. BART's actions must beseen in the context of today's events. All over the world, people are using mobile devices toprotest oppressive regimes, and governments are shutting down cell phone towers and theInternet to silence them. BART has never disrupted wireless service before, and chose to takethis unprecedented measure for the first time last week in response to a protest of BART police.BART's decision was in effect an effort by a governmental entity to silence its critics. The FirstAmendment reflects the "profound national.commitment to the principle that debate on publicissues should be uninhibited, robust, and wide-open, and that it may well include vehement,caustic, and sometimes unpleasantly sharp attacks on governnlent and public officials." NewYork Times v. Su/Uval1, 376 U.S. 254, 270 (1964). BART's legitimate concerns with public

NANCY PE MBERTON . CHAIRPERSON I SUSAN JAHAN SAGAFI. FARAH BR ELV I, ALLEN ASCH . VICE CHAIRPERSONS I DICK GR05BO LL . ~ E C R f T M lAB OI SOLTAN I, [Xf:CU1/VI:. OIRECTOR I KE LL I EVANS. ASSOCIATE DIRECTOR I CH ERI BRyANT, VlvnUPMI:.NllJlIWCrOR I SHAVNA GELENDER, ORGANllJNG& COMMUNITYENGAGfI.r[NTDlflfCTOR

RA SAP ONARA , COMMUNIC\TlONS DIREClOR I ALAN SCHLOSSER , I DlREemR I I ~ A R G A R E T C. CROSBY, El iZABETH GIU , LINDA LYE, JULIA HARut11MASS , ~ 1 I C H A E RISHER , .lORYSTEE LE, Sl/II FMTALLEN fIOPPER , NATASHA MINSKER , NICOLEA. OZER , OIANA TATE VERMEIRE , POLICY DIRECTOfl5 I STEP HEN V. BOMSE, GtNtflAl COUNSFL

R I C A N CIVIL LI BERTI ES UNI ON FOU NDATION OF NOR I I lEIW CAl l rORlllA39 D R U ~ l M 5TRFE1, SAi l FR AN r ISCCl, [:/\ ?I.\ 1\ I T1 /oI5.b21 2/.93 I F 1 4 1 ~ /5 5 . 11,78 I 1 1 1 / 4 1 ~ a ( 3 'Ia n W 'IW l \ C L I J ORG G)

*

*CORRECTION: Our original letter incorrectly stated that the passenger was unarmed.


5/6


6/6

aclu norcal (august 22, 2011) - letter to bart board of directors

Documents