Unsuck DC Metro: Cop's Priorities Out of Whack

@StyxRiverGynoid · 640 weeks ago

Not only on the same day as the awards ceremony, Taborn got one of the bloody awards!

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transitizen 78p · 640 weeks ago

Don't just fight it in court, you need to lodge a complaint with MTPD or MCPD or whoever they work for. You have the officer's ID number at the bottom there.

3 replies · active 640 weeks ago

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anonymous · 640 weeks ago

You can also file a complaint with WMATA-OIG, which at least has nominal oversight over MTPD.

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Another Anon · 640 weeks ago

Operative word there being "nominal" :-/

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Guest · 640 weeks ago

Contact Dr. Gridlock! He'll get the Washington Compost on your side!

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anon · 640 weeks ago

So yesterday we see the MTPD let a whole train of criminals get away, and today we read that they're harassing deaf people.

Will anyone be held accountable? NO

6 replies · active 640 weeks ago

Jason · 640 weeks ago

You're assuming that their job is anything other than ticket-revenue-generators.

unsuckdcmetro 92p · 640 weeks ago

Oddly, Metro does not get revenue from tickets like this.

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Jason · 640 weeks ago

Then who does, whatever jurisdiction it happens to be issued in?

unsuckdcmetro 92p · 640 weeks ago

Yes.

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Jason · 640 weeks ago

As you said, odd--and interesting,

n2deep · 640 weeks ago

it is because the laws are not metro laws. they are county or city laws.

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drew · 640 weeks ago

get a lawyer asap!

2 replies · active 640 weeks ago

FYI · 640 weeks ago

Metro's sovereign immunity Can't sue. Google and you will find the courts side with Metro's sovereign immunity

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jkuchen · 640 weeks ago

It may be hard for an individual to sue, but check a subsequent comment thread--if the OP gets ADA involved, it becomes a federal case, and then there's a chance to go after WMATA. I'm not a lawyer, mind you, but at least I think it's a shot.

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guest · 640 weeks ago

I, for one, am glad to see the MTPD cracking down on the scourge of Metro, the deaf. For far too long, the focus has been on innocent groups of impverished kids who just want a free phone.

1 reply · active 640 weeks ago

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@JaundiceJames · 640 weeks ago

Well done.

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John · 640 weeks ago

Metro Police are some of the biggest chicken shit pussies on the planet! They are never to be found at high-traffic, high-crime stations like Metro Center, Gallery Place, and L'Enfant or high-crime stations like Minnesota Ave, Anacostia and Benning Road, yet I ALWAYS see them hanging out doing nothing at low-crime stations like Vienna, Falls Church, Rosslyn, Crystal City, King Street, Bethesda, and Shady Grove.

This practice of hanging out, collecting your paycheck and avoiding doing any POLICE WORK by hiding out in stations where crimes are much less likely to occur needs to end, NOW!

There should be a rule that there needs to be police presence at stations like Gallery Place, Metro Center, Fort Totten and Lenfant every minute Metro is open. Absolutely ridiculous!

5 replies · active 640 weeks ago

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NoNo · 640 weeks ago

Some MTPD officers are almost everyday hanging out with their station manager buddies in the Tenleytown Metro Station...

John · 640 weeks ago

Another "dangerous station".....

Ratatat-tat · 640 weeks ago

Maybe not "dangerous" but full of a bunch of knucklehead D.C. school kids.

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Kara · 640 weeks ago

Not to mention Van Ness.

Okay, maybe they feel they need traffic control for the kids at the various universities and schools up there so it is nice to see maybe 1 at peak periods. Pretty much overkill to have more than that all day though when they are lacking where they are needed more elsewhere in the system.

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Ratatat-tat · 640 weeks ago

"There should be a rule that there needs to be police presence at stations like Gallery Place, Metro Center, Fort Totten and Lenfant every minute Metro is open. "

That's pretty much the case, now. Just becasue you don't see one, doesn't mean one isn't there.

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Kara · 640 weeks ago

Best of luck no matter how you decide to respond to this. Doing something like this on what is dated as international persons with disabilities day is classic WMATA.

Ryan · 640 weeks ago

That WMATA has the gall to call itself "accessible" to people with disabilities is yet another reason why I have decreased my ridership to one day a week.

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Jason · 640 weeks ago

Honest question, not trying to be a dick--why does being deaf entitle you to a handicap fare? Metro announcements are largely useless anyhow, so it seems like if you have use of your eyes then you are not disabled in terms of your ability to use Metro.

8 replies · active 640 weeks ago

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222 · 640 weeks ago

ADA

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Guest · 640 weeks ago

It looks like the application for the Metro disability ID card specifically identifies deafness as a qualifying condition. See https://wmata.com/accessibility/doc/Reduced_Fare_...?

One of the conditions listed there is

"8. DEAF OR HARD OF HEARING: An individual with a pure tone average greater than 70 dB in both ears, regardless of use of hearing aids."

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Jason · 640 weeks ago

Right, but the question was why Metro considers deafness a qualifying condition,not whether they do.

Matt G · 640 weeks ago

I'm told that trains make a lot of noise when they come barreling down the tracks at stations. I think you need hearing for that if you aren't looking.

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Bob · 640 weeks ago

Because the Americans with Disabilities Act considers deafness a qualifying condition, and because that's a national law, Metro has no choice but to comply.

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Curious George · 640 weeks ago

Also depending on the disability a person may not be able to drive. Think of the Metro discount as a token refund of all the dollars spent on public roads they will never be able to use.

I am legally blind which means I cannot drive and have been taking metro since the late 70s. At least getting a little bit of a discount on metro makes my situation suck a little less.

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@DCPennsy · 640 weeks ago

Would you prefer the hard of hearing be behind a wheel? He may be able to drive safely, but it doesn't mean he wouldn't prefer a safer alternative.

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Kara · 640 weeks ago

Hey asshole. It is pretty much in your best interest to have people with any sort of a disability not be on the roads. Since segregation and such went out the door decades ago the only way to do that is via offering an incentive to use public transit.

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Roberto · 640 weeks ago

I've never seen Metro police actually do anything. Usually they are parked illegally getting lunch on U street.

1 reply · active 640 weeks ago

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Curious George · 640 weeks ago

In over 30 years riding Metro I have also never seen Metro police doing anything useful. Maybe those walls would fall down if they were not holding them up by leaning against them.

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K.C. · 640 weeks ago

I'd also get the ADA involved. There is absolutely NO EXCUSE for this type of behavior.
http://www.ada.gov/fact_on_complaint.htm

1 reply · active 640 weeks ago

jkuchen · 640 weeks ago

This is an excellent point given the interstate compact status of WMATA. Making it a federal case should help getting over that hurdle.

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Bri · 640 weeks ago

I got a "warning" ticket as well when my card didn't register. I asked the officer what I was supposed to do when I got to my destination, because if it didn't register at my starting point, it wasn't going to debit the smart trip when I got off Metro. He basically told me to expect another ticket when I got there. I managed to go through just fine when I got to my destination, because MY CARD REGISTERED THE FIRST TIME I went through the gate. So glad I got a job close to home and never have to commute using Metro again.

8 replies · active 640 weeks ago

Jason · 640 weeks ago

I hope you fought it--if your card is registered it would seem that the activity log from the Smartrip page would be a pretty good defense.

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Veteran Rider · 640 weeks ago

I hate to say it, but because of these sort of things, I am the guy who always waits for the the Faregate display to reset after the person in front of me goes through before I swipe my card. This usually happens just before the gate resets, so it doesn't take as long as it sounds, but I insist on seeing that my card has registered. I even make a note of the balances, which was helpful one time when a station manager questioned whether I'd paid - I was able to say 'the guy in front of me had a balance of about ###, and then mine is about ###.' The Metro guy didn't pursue the point, maybe because he thought I was right, or maybe (likely) because it would have required him to actually make an effort.

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guest · 640 weeks ago

-raises hand- i do it too. (sorry, everybody behind me... :(

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Daily Rider · 640 weeks ago

Me three.

Jin · 640 weeks ago

Me four - I got the idea from this site!

MetroWeary · 640 weeks ago

I do the same thing. I wait for the person ahead of me, for the gate to clear. I know it can be annoying, but I don't need the hassle. And I get off and on at West Falls Church every day, where the managers are a bunch of do-nothings, and the MPD, worse. No thanks.

Guest2 · 640 weeks ago

I do it too, and I have noticed plenty of times that the card of the person infront of me hasn't registered - the readout says "See Station Manager" but because they were speeding along behind the person in front of them, they didn't see it and got out on the previous person's open gates.

placeYourBets · 640 weeks ago

Because of this, I do the opposite: bolt out of the gate as soon as it opens while yelling "...and they're off!"

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E.P. Sato · 640 weeks ago

Meanwhile, last night we saw video on fox 5 news of young women getting their celphones stolen by hoodlums.

Let's be real here. The threat on Metro is not BACKPACKS or even turnstile jumpers. Stop searching our bags and put the officers in the cars and on the platforms! There's a serious crime wave afoot thanks to a lot of disaffected youth in this city and the severe income inequality that's come as a result of gentrification. The police need to do a better job of making people feel as if Metro is safe.

Metro's gotten hella awful and it seems to be getting worse. What happened to this once great public transportation system?

3 replies · active 640 weeks ago

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John · 640 weeks ago

The last time Metro was decent people were still saying "hella"

Warsonia · 640 weeks ago

Gentrification is not the cause of income inequality. Sure, it can exacerbate community tensions, but it doesn't cause poverty.

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Ratatat-tat · 640 weeks ago

Metro HAS GOT to reign in these wolfpacks of juvenile miscreants. One simple way? STOP LETTING THEM ROAM AT ALL HOURS OF THE DAY AND NIGHT ON THOSE STUPID STUDENT FARECARDS!!! Issue them ALL Student SmarTrip cards and program them to deactivate after school and on weekends and holidays. If they aren't home by, say 5PM, too freekin' bad! They ain't riding unless they pay the regular price! Considering most have no money, they'll hopefully learn to get their asses home and out of our hair! I don't care if they have an afterschool/weekend activity--the school bus didn't come for me and return me to school if I had an activity. Let mom/dad figure out how to get them there!

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F Metro · 640 weeks ago

This is basically what happened to me Friday night at Gallery Place, with the exception being I am not deaf. I was accused of fare evasion, though the faregates opened for me. I took my SmartTrip card to the station manager, who said my card was not run. Not my fault the machine didn't run my card. Instead of telling me to go through the turnstyles agains and making sure my card was read, the officer straight up threatened me with arrest and told me to leave the station. When I asked the station manager to show me the computer monitor that showed my card was not run, he refused to and the officer again threatened me with arrest. So I left and just went and got in at Archives.

WMATA police are the scum of the earth.

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dcn8v · 640 weeks ago

Wow. This is definitely a violation of OP's rights under ADA. OP, please also reach out to news outlets. I wish I could say it was unbelievable in this day and age, but anything that happens on Metro property is no longer unbelievable to me.

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Ian · 640 weeks ago

I'd love to know the officer's name, because a similar thing happened to me at SS. Cop claimed that I didn't swipe through, when I know I did. Threatened me with jail if I continued arguing, and I was stupid and kept arguing. Spent a few hours in MoCo CPU (fun times!). Got the case dismissed, on the condition I don't sue the officer, (which I would have loved to have done, but I was more concerned for my record). Best part: after getting taken away, the station manager asked my wife why the cop stopped me. My wife told him, and the station manager said, "He could have just checked with me to see, but he never did"

4 replies · active 640 weeks ago

Justin · 640 weeks ago

I had a similar experience at Silver Spring Station this May as well. I bet it was probably the same officer.

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PeeWee · 640 weeks ago

Barney Fife!!

Curious George · 640 weeks ago

Leave Officer Fife alone. He's a bit of a fool but, unlike Metro transit police, he actually tries to do the right thing.

Rita · 640 weeks ago

What is with the station managers and cops standing by the fair gates at SS monitoring all of the people going out? I've noticed this for several months now. I'm always very careful going out and try not to crowd the person in front of me lest I get pulled aside and ticketed. It's a bit intimidating. I feel like they could be doing something more productive with their time.

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Sarah · 640 weeks ago

I am disabled. I am young but I have trouble walking (sometimes I have to use a walker) due to the nature of my disability. Anytime that I have to deal with WMATA employees concerning my disabled fare card (such as when my SMARTrip stops working), I get accussed of fraud, scamming, or that I don't need a disabled card (despite having all the required documentation) by the employees that I deal with. I guess maybe it's because I'm young. Unfortunately, disability doesn't discriminate. But it seems like WMATA does.

I used to report such incidents and complain on the required forms. I get the usual "We'll look into it" response. I'm just used to it now and ignore it.

1 reply · active 640 weeks ago

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Kathryn · 640 weeks ago

Sarah: You have highlighted the reasons that I have not attempted to get a disability card, even though I can technically qualify for one under the ADA. I look young and healthy and have also been accused of "faking". Yes, I do it for the attention and the huge wads of cash (rolls eyes).

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Bob · 640 weeks ago

One of my coworkers had this happen to. She swiped her card, it was in her hand. The gate was open and she went though. Cop gave her a fare evasion ticket because their crappy fare gate failed to read her card and failed to close.

How is a faregate failure the customer's problem?? This is the only thing i EVER see the metro police doing.

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anonymous · 640 weeks ago

Here's the punishment this officer will receive:

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anonymous · 640 weeks ago

And here is where Metro complaints go:

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unsuckdcmetro 92p · 640 weeks ago

“We try to work smart,” [transit police chief] Taborn said Monday night at a D.C. Council hearing in Southeast.
http://www.washingtonpost.com/local/metro-police-...

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Sam · 640 weeks ago

Fight it. Look at the statutes. "Fare evasion" laws require the accused individual to have deliberately and knowingly evaded the fare. If you altered your card, hopped the gate, etc., those are illegal. You didn't do anything wrong. Please fight this!

1 reply · active 640 weeks ago

Ratatat-tat · 640 weeks ago

Not necessarily. "Fare Evasion" may simply mean you aren't in possession of a farecard if stopped and asked for one. It all depends on the jurisdiction you're in. Don't merely assume what the law is.

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@JaundiceJames · 640 weeks ago

This a-hole cop is probably going to get off without even a slap on the wrist because he'll just claim they just weren't understanding each other because the customer is hearing impaired.

Cop will end up with a personal prejudice against DEAF people before this is all over!

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jenster8dc · 640 weeks ago

Please get this to the news outlets as well. If enough people raise enough awareness, maybe Metro will finally be embarrassed enough to change their ways.

Hey, a girl can dream.

3 replies · active 640 weeks ago

eed017 · 640 weeks ago

I do love all the sensible suggestions about making a federal ADA case out of this and complaining to WMATA. However, the ONLY way Metro will pay attention and maybe (but not likely) do something is to get your story on local news media.

John · 640 weeks ago

Unfortunately, the guy in charge of covering transportation for the largest Newspaper in the region (Dr. Gridlock) has no interest in covering stories that make Metro look bad, let alone covering Metro in general.

Metro had a huge screwup one week and the guy spent the entire week talking about distances in between cars at red lights. No mention of the huge screw up.

George B · 640 weeks ago

I have to agree. It's often as if he went to cheerleader school before taking the gig. For example, look & see if you can find *any* time he has critically discussed the downsides of the Cubix smartcards.....

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John · 640 weeks ago

Glad to hear the Washington Post picked up on this story....

HAHA! Just Kidding!

guest · 640 weeks ago

OT: more Rush-Minus:
http://www.washingtonpost.com/blogs/dr-gridlock/w...

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n2deep · 640 weeks ago

your ticket was for "fare evasion" nothing to do with having a disability. doesn't matter if you have a senior card or not.

1 reply · active 640 weeks ago

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Sam · 640 weeks ago

No, but WMATA claiming it was an ineligible SmarTrip card and not returning his WMATA-issued ID does have to do with the story.

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Anon5 · 640 weeks ago

The ticket says that the rider violated article/section 54A-2(a) of the Maryland Annotated Code.

The Maryland Annotated Code does not have an article/section 54A-2(a) - it was repealed in 1984.

Any competent attorney should be able to get this charge thrown out under Federal Rule of Civil Procedure 12 (b) (6) - failure to state a claim on which relief can be granted.

5 replies · active 640 weeks ago

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Liz · 640 weeks ago

Apparently we have a first-year law student here. Any competent attorney would not be applying federal rules in state court. But, yes, one way or another this ticket should be laughed out of court.

Anon5 · 640 weeks ago

You're right. I don't know why, but I was thinking about a federal case. I practice in the District where most of the suits are federal in nature.

The appropriate Maryland rule is Maryland Circuit Court Rule 2-501(a).

Anon5 · 640 weeks ago

For some reason, I can't even read properly today. This case will be tried in Maryland District Court, not Circuit court.

Ratatat-tat · 640 weeks ago

You have actually pointed out a technical error on the citation. This is actually a violation of Montgomery County Code: "Section 54A-2 (9): Knowingly board a vehicle or knowingly enter or leave a fare-paid area of a rail transit station without paying the fare or presenting a valid transfer;"

The officer should have checked "Public Local Law" on the citiation, not "MD Annotated Code."

Anon5 · 640 weeks ago

Good catch. This is definitely grounds for dismissal.

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linda · 640 weeks ago

fight this hard, call fox 5[maybe not fox but u get the point] hit up all these local stations
start a riot
he stole from you

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Brianh · 640 weeks ago

Ok, your card did not register and then you went through the gate. Your words.

Then you get stopped by a cop and get a ticket, because you did not pay your fare.

Maybe I am not getting it, but isn't not paying half fare exactly the same thing as not paying full fare.

I have been riding metro since the day it opened, I rode it on the actual first day.

I have never had an fare evasion tickets, dispite lots of problems, because I go to the station manager and get waved out or get my problem fixed.

Jumping the gate like a bad ass, is just being an ass.

2 replies · active 640 weeks ago

MetroRider · 640 weeks ago

What station are you using where you can find station managers willing to help?

terribleDerriere · 640 weeks ago

Considering your veteran status, maybe you've experienced this: you approach a gate, swipe your card, and continue through the gate without looking at the display.
Considering we do not know if this is the case in this instance, let's make an assumption based on the ticket. If the OP had jumped a gate, I doubt that the officer would write the ticket as he has without making note of the actions of the offender if they were so obviously avoiding paying by jumping.
As you've learned, it's not impossible to go through a gate without seeing if your card registered (whether it's a broken display, you don't look, or it doesn't register and the gate hasn't closed behind the previous patron--I have seen some gates that close very slowly).
That being said, the grammar of the OP doesn't make the situation clear.

Regardless, and this is the larger issue, OP's actions did not warrant the unlawful seizure of his property. I don't know what small copy is on the back of a disabled smartrip, but I doubt it allows for the seizure of it AND the disabled ID at the officer's discretion. The purpose of the ID is to confirm the validity of the discount card. It is infuriating that a cop play judge, jury, and executioner.

Let's really stretch this and allow me to continue my hyperbole:
Let's say you are pulled over for speeding. Intentional or not, you should be given the appropriate ticket and, barring the evidence (or other probable cause) of another crime, allowed to go. What if the cop called into question the fact that you own your car (say, you're a young man driving a very nice car)? Your registration proves the car is yours: the name matches the one on your ID. And what if the officer then confiscates your ID, refuses to return it, insists that you do not own your car and has it seized? It would be shitty.

Though we both jump to conclusions like badasses, perhaps we're just being asses.

RGG · 640 weeks ago

I blame much of the SmarTrip problems on Metro. For instance, the delays are way too long between the barriers closing between passengers, enabling many "legit" fare evaders to pass through with either "bad" farecards, or none at all. Many people "fake" using a card by placing a "farecard free" wallet down on the sensor and get out behind the person ahead of him/her. Another beef? There should be another, seperaate, easy to read, indicator that the cards have registered. Maybe a readible "green" or "red" light seperate from the sensor. Maybe even an audible "beep" for the sight impaired riders would help. There IS a small light directly on the sensor, but it gets hidden by the action of the passenger placing the card on top of it.

1 reply · active 640 weeks ago

DC20009 · 640 weeks ago

Yes
yes
yes!