TriMet’s practice of arbitrarily stopping MAX passengers and asking for proof of fare has been ruled unconstitutional.
In an opinion released Friday afternoon, Judge John A. Wittmayer wrote that a TriMet fare inspector and a transit officer illegally stopped and detained MAX passenger Ana del Rocío in March after asking for her MAX ticket. While del Rocío, who was stopped after exiting a MAX train in downtown Portland, could not immediately prove that she’d paid the fare, Wittmayer argued that neither official had a valid reason to suspect this before questioning her.
“Defendant was stopped and seized without individualized suspicion,” Wittmayer writes. “Therefore, the stop of defendant was unlawful under… the Oregon Constitution.”
Del Rocío, the state director of Oregon’s Color PAC, was stopped during one of TriMet’s routine mass fare inspections—where TriMet employees, assisted by transit police, ask everyone exiting a MAX train at a specific station for proof of fare. This practice replaces the more traditional subway-riding tradition, seen in cities like Chicago or New York, of passengers having to scan their ticket at a gate before boarding a train. It’s been the only way TriMet has checked MAX tickets for years.
Del Rocío was initially stopped by TriMet employee Deanna George, but ultimately arrested for not giving her ID to Officer West Helfrich, one of many Portland Police officers contracted by TriMet to help conduct fare inspections. Since Helfrich couldn’t confirm her identity, he charged del Rocío with giving a police officer false information.
In court, state prosecutor Katie Suver argued that TriMet fare stops are legal “administrative searches,” as defined by past Oregon case law. A fare stop isn’t meant to result in criminal sanctions, Suver said, since it’s conducted by a TriMet employee. The fact that Suver was arguing this in court with the intention to criminally prosecute del Rocío did not help her case.
In his opinion, Wittmeyer wrote this contradiction “belied” Suver’s case.
It’s not immediately clear how TriMet plans on making its fare inspection tactics constitutional. In a statement to the Oregonian, TriMet said it was “evaluating the judge’s opinion and determining next steps.” Until then, TriMet says it will “continue fare enforcement.”
It is clear that this decision will fundamentally change the way TriMet polices its passengers.
“Being wrongfully arrested, jailed, and prosecuted nearly broke me,” wrote del Rocío in a statement shared with the ACLU of Oregon. “No person should ever be made to feel confused or afraid by officers that are supposed to be keeping us safe. Our task now, long overdue, is to figure out a better, more humane and dignified way to treat our transit riders.”
Yet another reason to simply make transit free, and to beef up the security presence to make it also safe for all regular riders. No need to do ticket/fare checks, but please do enforce laws against creepers, people yelling, doing drugs, harassing women, blasting music, etc. Free, clean, safe, and reliable transit, and we’d have a way more functional and pleasant city. One of the things I would absolutely be happy to pay more taxes towards.
1 So had she paid the fare? Didn’t see any assertions in the article that she did.
2 I think the court ruling is wrong. (We’ll see how the higher courts rule on appeal. ) Individualized suspicion is there to prevent officials from stopping you on the basis of race, sex, nationality, etc. It is to prevent discrimination. A mass stop that checks everybody is not discriminatory. A good example is when police set up road blocks and check all cars for DUI.
Reread the article. Says she paid but couldn’t prove it. And then she wouldn’t present identification, which is what got her in trouble.
There seems to be an implication that somehow race played in to this. The facts do not support that conclusion however.