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BART Keeps Cell Service Despite Protests

Okian Warrior writes "After taking heat from the ACLU and being hacked by Anonymous for shutting down cellphone service to four stations last week, BART kept cell service on during Monday's protests. Officials at Bay Area Rapid Transit decided Monday that cutting cellphone service to thwart another planned protest would cause more trouble than the protests themselves. Instead, four stations were temporarily closed, creating a chaotic rush-hour commute."

196 comments

  1. Baby with the bathwater by jythie · · Score: 1, Insightful

    What a bunch of babies... dealing with protests by first cutting off people's ability to communicate, then when people get annoyed by THAT, they just shut stations completely? Then again this is an organization that looks out for its own and is not comfortable being questioned.. so not too surprising.

    1. Re:Baby with the bathwater by MozeeToby · · Score: 4, Insightful

      dealing with protests by first cutting off people's ability to communicate, then when people get annoyed by THAT, they just shut stations completely?

      Eh, I can't blame them for closing stations, considering that the stations they closed had protestors on the tracks, blocking trains from leaving. Which was a pretty stupid way to protest anyway since you're just going to piss off the other commuters, people who could have been on your side. Now all they'll remember is how those stupid protestors screwed made them late for work or late getting home (bearing in mind that they were already disrupting service).

    2. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      What a bunch of babies... dealing with protests by first cutting off people's ability to communicate

      You mean cutting off people's access to YOUR FREELY PROVIDED CELL REPEATERS that you own and operate at your expense. People were still able to use their cell phones when in range of their cell provider's towers.

      Here's an analogy: Imagine people protesting Starbucks then complaining when Starbucks stopped giving out free samples because the protesters were eating them.

      Just another case of stupid Internet Rage. Give the people something to be mad about so they can feel like they have a voice and distract them from the real issues.

    3. Re:Baby with the bathwater by jmorris42 · · Score: 0, Troll

      > considering that the stations they closed had protestors on the tracks, blocking trains from leaving.

      Easy problem. Toot Toot, chugga chugga. They WILL get out of the way because even a douchebag hipster knows who wins train vs meatsack. It is an attitude problem, nobody has the balls to make the choo choo go anymore so a few idiots can bring civilization to a halt.

      What idiots. They leave the cell phone repeaters on and stop the trains. Hello! What is the primary purpose of BART? Phones or trains/buses?

      --
      Democrat delenda est
    4. Re:Baby with the bathwater by Ossifer · · Score: 5, Informative

      The cell phone antennas in the BART tunnels and platforms are own and operated by the carriers, who pay a hefty sum of cash to BART as rent.

    5. Re:Baby with the bathwater by sjames · · Score: 2

      Pix or it didn't happen. I have seen video of police closing doors and generally impeding the flow of the crowd, and of the media with bulky cameras and lights crowding out a train car, but no protesters on the tracks (wouldn't they tend to bump into the 3rd rail?) blocking trains.

      It seems from what I can see anyway, more likely the stations were closed so the inconvenience could be blamed on protesters.

    6. Re:Baby with the bathwater by interkin3tic · · Score: 1

      Which was a pretty stupid way to protest anyway since you're just going to piss off the other commuters, people who could have been on your side.

      I don't know about that. Few details have been released, but what we do know is that the guy had a knife and was acting really stupidly. If you're going to start a protest because you're certain that the cops murdered an innocent man, based on THAT evidence, you probably have a lot of free time and aren't going to work.

      It's northern California anyway. Protests here aren't about making your message heard, they're about feeding your own ego. "Hey, I hear migrant farm workers are being mistreated... lets go protest at the Trader Joes!!! On the way, lets stop at starbucks for a tripple whip soy french cream decaf mochalatte for $20."

    7. Re:Baby with the bathwater by Ruke · · Score: 1

      You're absolutely correct: now people will remember the protest. They might be pissed off, but they'll know there was a protest, and there's a good chance they'll find out what the protest was about. It's a hell of a lot more effective than handing out pamphlets, or putting a card in BART's suggestion box.

    8. Re:Baby with the bathwater by geekoid · · Score: 1

      Not that easy, you might want to read up on history.
      While you are toot, toot, chugga, chugga, the protester is lying down sure that you will stop.
      And it's no win for BART. The catch enough hell if some jumps in front of a train at the last minute. Accidental killing a protester? they would be screwed, even if they weren't' at fault.

      They lesson here is: only build systems with powered rails~

      " What is the primary purpose of BART? "
      To serve the peoples transportation need; which includes cell phones and data connection.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    9. Re:Baby with the bathwater by MozeeToby · · Score: 1

      They aren't protesting this incident except as an excuse to protest against past behavior. Most of the anger being displayed would probably be better directed at the killing of Oscar Grant where an unarmed and restrained man was shot at point blank range (presumably due to the officer unintentionally drawing his gun when he meant to draw his taser). Having another seemingly similar incident occur involving the BART police force is just fanning the flames that were started years ago.

      Unfortunately, unlike the Oscar Grant case, there doesn't seem to be any video of the most recent incident. And given the number of coverups involving excessive use of force in recent years, people just don't trust the official line anymore. People hear things like "less than 25 seconds after officers arrived on the scene officers fired three rounds into Hill's chest, foregoing the use of an available taser" and they start to wonder about the circumstances regardless if the doubt is really warranted in this particular case.

    10. Re:Baby with the bathwater by Sir_Eptishous · · Score: 1

      Make my tripple whip soy french cream decaf mochalatte "skinny".

      --
      We play the game with the bravery of being out of range
    11. Re:Baby with the bathwater by JordanL · · Score: 4, Insightful

      And this is why protesting the US never made it past the "I want to be heard!" stage in the 70s. Active protesters in the US don't even see their goal as changing anything, they see their goal as protesting.

      Protesting doesn't actually accomplish anything productive. It is a means to an end. That end never comes if you don't effectively convey your actual message to people in a way that asks them to consider if they agree.

      In other words, I am not saying you are wrong, I am saying you are missing the point. If your goal is to protest, then by all means, your logic is sound. If your goal is to change something, your logic may be sound or unsound. It is entirely up to the people receiving the message if your logic is sound. If you are comfortable leaving it up to them, then fine. But keep in mind that it you, the protester, who has the message that is trying to be disseminated. You are the one with the passion and the information. You must accept that it is then your responsibility to communicate that in a way that others can effectively receive.

      Protesting for the sake of protesting hasn't been effective at any kind of institutional or long-term change for decades. Why people continue to think it is productive is beyond me. If you are truly passionate about your message, actually go out on a limb and put in real effort. Any idiot with a sign can protest, but not any protester can be a Gandhi. You have to choose to commit yourself to your goal to do that, and speaking frankly, most protesters (like most people in general) are not willing to invest that much of themselves in committing to something that doesn't directly benefit them.

    12. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      BART operates those cell towers that it turned off. Prior to a few years ago, these same stations had no cell service. If BART chooses to turn off their own towers which affect people on their lines, I'm okay with that.

    13. Re:Baby with the bathwater by newcastlejon · · Score: 4, Insightful

      " What is the primary purpose of BART? " To serve the peoples transportation need; which includes cell phones and data connection.

      Trains
      Subways
      Buses
      Cell-phones
      Trams

      One of these things is not like the others.

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    14. Re:Baby with the bathwater by badboy_tw2002 · · Score: 1

      Wouldn't the inconvenience be on the protesters either way?

      Previous protests have blocked the stations from effectively being in service as passengers had trouble getting on/off the trains, and servicing those stations put the entire system behind schedule. Not to mention that putting protesters in contact with irate passengers who are late for work or whatever might cause a few fist fights, thus requiring the intervention of the trigger happy BART police, thus causing more "accidental" shootings, thus causing more protests...

      You can see why a pragmatic manager might just snip this in the bud and inconvenience a lesser percentage of passengers.

    15. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      How about climbing on the trains?

      http://www.youtube.com/watch?v=4vryXEo6Coc

    16. Re:Baby with the bathwater by Golddess · · Score: 1

      One of these things is not like the others.

      Is it buses? I've not seen a bus operated by over-head lines, but everything else is (or can be).

      In all seriousness, yeah, seems a little odd to say that the purpose of BART is to serve the peoples physical and virtual transportation needs.

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
    17. Re:Baby with the bathwater by MrCawfee · · Score: 1

      They are called Trolley Busses, and they operate in many cities in the united states including San Francisco.

    18. Re:Baby with the bathwater by sjames · · Score: 1

      If the protesters were orderly (or at least as orderly as the passengers themselves), then no, the inconvenience would NOT be on them, but might easily be blamed on them.

      We had to burn the village in order to save it just doesn't wash.

    19. Re:Baby with the bathwater by EvilStein · · Score: 1

      No. It's San Francisco. A lot of the people would be there for their Facebook photo op/check-in. Just like the anti-war protests that accomplished exactly diddly squat.

      It's barely above slacktivism.

    20. Re:Baby with the bathwater by sjames · · Score: 2

      One ID10T half climbs on a train and gets pulled down A MONTH AGO is why they closed 4 stations yesterday?

    21. Re:Baby with the bathwater by frosty_tsm · · Score: 1

      " What is the primary purpose of BART? " To serve the peoples transportation need; which includes cell phones and data connection.

      Trains Subways Buses Cell-phones Trams

      One of these things is not like the others.

      Since this is San Francisco, you should add "cable car" to the list. ;-)

    22. Re:Baby with the bathwater by Anonymous Coward · · Score: 1

      As someone that depends on BART I can say, Eh, NO! BART didn't close the first station until 5:30, a half hour after the "protest" began, and it was a direct result of a protester preventing the doors of a car from closing and therefore disrupting service. The protesters then decided to walk to the next station down which resulted in BART closing the next station in cascading fashion. Was someone on the tracks? I don't know but blocking the train doors gets the same result. Oh and protests in the paid areas (like the platforms) is illegal regardless of whether they are causing a disruption or not. I can tell you certainty that the many other people I talked to while stranded firmly blamed the protesters so they only hurt their own cause.

    23. Re:Baby with the bathwater by sjames · · Score: 1

      Here in Atlanta, someone blocking the door of the MARTA train is a daily occurrence (protest or not) and we somehow manage not to shut the station down when it happens. So far, I've heard a lot of claims, but the only pix was a youtube video for a different day showing a non-event. At the rate we're going, I fully expect it to be blamed on a crying infant in a backpack next (But we swear, it was crying in protest).

      If the other people you talked to believe the story that it was the protester's fault, it just shows that BARTs underhanded ploy suckered a lot of people.

      Perhaps there was some justification for the closings and somehow the communist backed evil lefty news crews ALL somehow agreed to forgo broadcasting the spectacle for the first time in the history of television news hype, but you must admit, it sounds a lot less likely.

    24. Re:Baby with the bathwater by jc42 · · Score: 2

      BART operates those cell towers that it turned off.

      Hmmm ... the message just above yours on my screen says:

      The cell phone antennas in the BART tunnels and platforms are own and operated by the carriers, who pay a hefty sum of cash to BART as rent.

      It sure sounds like one of you two must be lying. I wonder how we'd learn who is telling us the truth.

      (It can be sorta funny when two adjacent replies assert opposite things with a tone of authority. Usually the conflicting claims are at least separated by a few other messages. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    25. Re:Baby with the bathwater by Alex+Zepeda · · Score: 1

      BART doesn't run buses (anymore), trams (ever), or heavy rail like Amtrak (ever).

      --
      The revolution will be mocked
    26. Re:Baby with the bathwater by Alex+Zepeda · · Score: 1

      Given the events of last night and how BART has historically been run, I suspect that much of BART's motivation was to make the protestors look as bad as possible. Towards the end of the evening, while BART was tweeting that all stations were open, they were actually keeping the stations closed. There were lots of commuters angry and frustrated that they had been walking back and forth between two stations trying to catch a train... but nobody seemed to bat an eye at the fact that BART was the one giving them this misinformation. Come to think of it, BART PD was directing folks to closed stations for most of the evening.

      Among other things, their chief PR flunkie, Linton Johnson publicly called for violence against station agents and train operators during contract negotiations. Johnson was also the one who came up with the idea of shutting off cell phone service in the first place. What can you really expect from a transit agency that lets their moron PR flunkie dictate policy like it's his own little fiefdom?

      --
      The revolution will be mocked
    27. Re:Baby with the bathwater by Darinbob · · Score: 1

      They decided it was unsafe to allow the operation of the trains. The intent of the protesters was to disrupt service and this is what they accomplished. The platforms were extremely crowded, reports were that some protesters kept train doors from closing, and when one station was shut down protesters marched to the next one. Given the history of recent protests tjhat had protesters climbing on top of trains it is not unreasonable to assume that there was a safety issue here.

      Protesters were on the train platform itself, which is in itself a sort of gray issue. Federal supreme court has decided that speech issues on train platforms can be more strictly controlled than they can in public areas like a park, because these areas have controlled access and many safety issues. However the California supreme court has not necessarily decided this and could actually decide that a train platform and public park are equivalent.

    28. Re:Baby with the bathwater by Darinbob · · Score: 1

      The protests against Vietnam did little to end the war there. As long as it was some long haired weirdos doing the protesting the powers that be didn't pay attention. Things didn't really start to change until the middle class started to get involved and objecting to the war. I'm not sure if the early protesters actually affected the middle class, or if the middle class had just grown weary of the same old pointless fight displayed on the news night after night.

    29. Re:Baby with the bathwater by Darinbob · · Score: 1

      First off, I do not believe it was in BART's policy to shoot people. Whatever the reason here, there were protests against these killings in the past up until relatively recent. This current protest had nothing whatsoever to do with this shooting. The protest was about cell phone service disruption only.

      Second, this cell phone disconnection was apparently not a part of BART policy either and a BART boardmember said that they did not know about it in advance and that it was not in their policy. Given the goofy nature of the California open government laws the BART board was not allowed to discuss this issue last Friday because it was not on their agenda. Apparently someone just got jittery and pulled the plug; signs seem to point to the PR rep but I don't think someone in that position has the necessary chain of command to order this but an engineer may have just gone along with it.

    30. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      > "And this is why protesting the US never made it past the "I want to be heard!" stage in the 70s. Active protesters in the > US don't even see their goal as changing anything, they see their goal as protesting.
      >
      > Protesting doesn't actually accomplish anything productive. It is a means to an end. "

      Sorry to break the bad news to you, but there have been effective protests in the Untied States post 1970's. The 1992 L.A. riots are a clear example of post 1970's protests, which both were not led by any person, and had no clear goal in mind. The retrial of the officers involved in the King beating would not have taken place without the riots.

    31. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      Make my tripple whip soy french cream decaf mochalatte "skinny".

      Which of course means it has twice the fat, and is delivered in a cup which is only half as wide but three times as tall.

    32. Re:Baby with the bathwater by Hognoxious · · Score: 1

      To serve the peoples transportation need; which includes cell phones, data connection, and hemiglacésemidemiskimmedmochawoppa.

      FTFY

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    33. Re:Baby with the bathwater by cromar · · Score: 1

      Oh and protests in the paid areas (like the platforms) is illegal regardless of whether they are causing a disruption or not.

      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

      Illegal according to whom?

    34. Re:Baby with the bathwater by cromar · · Score: 1

      Still, the people of San Francisco pay to run BART, which pays the carriers, so OP's point is still valid. BART is a public service, owned by the public, and its officers do not respect that relationship when they assert their authority arbitrarily.

    35. Re:Baby with the bathwater by Dog-Cow · · Score: 1

      Try doing that on the White House lawn and you'll find out that context is everything.

    36. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      Among other things, their chief PR flunkie, Linton Johnson publicly called for violence against station agents and train operators during contract negotiations.

      Your reference doesn't back you up.

      At one point during the press conference, Johnson actually suggested that BART passengers to confront train operators and station agents about this strike. He later retracted that statement.

    37. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      Retracting his statement doesn't change the fact that he said it.

    38. Re:Baby with the bathwater by Ossifer · · Score: 1

      Try again: the carriers pay BART, not the other way around, but yes, the OP's point is still valid, just not for your reasoning.

    39. Re:Baby with the bathwater by Anonymous Coward · · Score: 0

      Funny... just made almost exactly this same argument to my father last night.
      He didn't seem to accept it, though.

      My argument was that people you don't know appear to be crazy when they are riled-up by something you yourself aren't already riled-up about; what is needed is (to convey your message) is that you be a little more brave and get riled-up about an issue among people who actually know you. It's that personal-relationship that will cause them to, at least to some degree, take pause and give more serious consideration to your issue. That is, unless you actually *are* crazy. :)

      For example, I'm pretty libertarian.
      But short of getting together a large group of libertarians and picketing in front of our local rep's office (to get him to listen, not cause the general public to listen), picketing about libertarian-issues isn't likely to garner a lot of new converts. It's more likely that non-libertarians would just shrug us off as 'crazy libertarians that want drugs and prostitution' and ignore our larger argument.

    40. Re:Baby with the bathwater by born_giantsfan · · Score: 1

      But the protestors were NOT orderly. they blocked doorways to/from stations, blocked train doors, pushed people around, and even climbed on top of a couple trains. Several people were injured in the original protest. someone easily could have been bumped off the platform onto the tracks. My vote - tunr off the wireless/cell service in the stations and tunnels, post police at station entrances, and keep stations open.

    41. Re:Baby with the bathwater by sjames · · Score: 1

      Sounds like you're amalgamating a bunch of nearly happened and even a could have from different events together all in one. I keep hearing all these claims, but in spite of all the people with cellphone cameras and news coverage, I just don't see any of it. So, back to my post above, PIX or it didn't happen! There were news crews there, are you saying they managed to edit out everything vaguely interesting so they could roll with the "we're making this train crowded with our big camera" footage? Got any pix?

  2. BART really doesn't like dissenting voices by Ossifer · · Score: 0, Flamebait

    They'd rather shut down service than allow people to freely speak their mind...

    This is clearly due to the BART police's influence on decision-making--it was originally a protest against violent police action, past and current.

    1. Re:BART really doesn't like dissenting voices by Nom+du+Keyboard · · Score: 1

      They'd rather shut down service than allow people to freely speak their mind...

      Yeah, that's what this was all about. Next time try putting brain in gear before putting hands on keyboard.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    2. Re:BART really doesn't like dissenting voices by Ossifer · · Score: 0

      Yes, this IS what it's really about.

      If you really think this was about safety, terrorism, or the limited set constitutional rights that BART officially recognizes, then you're dumber than your idiotic posts already reveal.

    3. Re:BART really doesn't like dissenting voices by LWATCDR · · Score: 4, Informative

      Interesting but annoying.
      From the news stories I read the person shot was said to be armed with a knife and one of the officers involved was treated for cuts. Is that not true? What is your source? In fact there is a video of him throwing a knife at the officer. A drunk throwing bottles and knives at officers in a train station where their are other passengers seems like a real threat to me. The bottle stuck to officer and the Officer fired on the man after he threw the bottle and was coming at him with a knife.
      http://www.sfexaminer.com/local/bay-area/2011/07/bart-shooting-video-shows-thrown-knife-not-threat-man-posed
      Frankly that data points to the officers reaction being reasonable IMHO. It isn't proof but there does seem to be some data that points in that direction and very little that points to this being an unjustified shooting.
      Second where does someones rights end? Why do the protesters rights to free speech matter more than peoples rights to use public transit? The protesters set out to shut down the stations. They have every right to protest outside the stations but once they interfere with people using the station they are violating others rights.

      I do not see what there is to protest about. It almost seems like vigilantly justice towards the police.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    4. Re:BART really doesn't like dissenting voices by Nom+du+Keyboard · · Score: 1

      Yes, this IS what it's really about.

      If you really think this was about safety, terrorism, or the limited set constitutional rights that BART officially recognizes, then you're dumber than your idiotic posts already reveal.

      I think that the person you just outed is yourself. It is completely about both safety, and the rights of people who just want to get from Point A to Point B to not be made part of your demonstration against their will. Those people have rights too.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    5. Re:BART really doesn't like dissenting voices by Nom+du+Keyboard · · Score: 1

      I do not see what there is to protest about. It almost seems like vigilantly justice towards the police.

      This is San Francisco. That's exactly what it is.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    6. Re:BART really doesn't like dissenting voices by Ossifer · · Score: 2

      Justified killing is still "violent police action". And justification is up for each and everyone to decide for himself.

      Personally w.r.t. BART police killings, I think protests were in order for the Oscar Grant manslaughter (officer tried, convicted, served time), but probably not for the knife guy, even though the video clearly shows the cops shooting *after* the knife was already gone (no longer an actual threat)...

    7. Re:BART really doesn't like dissenting voices by Ossifer · · Score: 1

      Your stupidity knows no bounds.

      The safety red herring is unproven. Might as well blame them for child pron too...

      As far as rights go, why not simply arrest anyone WHO ACTUALLY BREAKS THE LAW, instead of deciding all protesters must be stopped from legal protest?

      And the kicker: if A->B rights are so important why close the four busiest stations in the entire system? BART is the only entity that prevent people from traveling on BART yesterday.

    8. Re:BART really doesn't like dissenting voices by shadowknot · · Score: 1

      Second where does someones rights end? Why do the protesters rights to free speech matter more than peoples rights to use public transit?

      Because the right to free speech is enumerated in the Bill Of Rights whereas public transit is not. Public transit is a locally provided service that is a convenience, one that many have come to rely on in large metropolitan areas like the Bay Area, but a convenience nonetheless. It is _NOT_ a right.

    9. Re:BART really doesn't like dissenting voices by PCM2 · · Score: 5, Insightful

      Did you not read the headline of the story you linked? "Bart shooting video shows thrown knife, but not threat man posed."

      BART police arrive on the platform in response to a call of a man being too drunk to stand. Within 30 seconds of arriving on the platform, they had shot the man to death -- apparently, for being drunk and mouthing off to police.

      Apparently the man was belligerent, apparently he had a weapon, and he threw the weapon at them. What did the officers think he was -- a circus knife-thrower? Was he planning to pin the officers to the wall with knives, maybe? He was apparently too drunk to walk straight, so maybe he was planning to do that with his hand over one eye?

      But hold on -- according to the story you linked, the man wasn't considered a threat because he threw a knife at police. He threw a bottle. I'd hardly call that a threat to the officers' lives. They say the bottle cut them. Well, show me the hospital report or boo fucking hoo.

      But let's say he did throw a knife. Is that when you decide you have no recourse but to shoot a guy -- after he's thrown away his weapon? If he'd just tossed it down on the ground, presumably they would have still screamed "he's got a knife!!" and shot him?

      But no -- the truth is, according to the very story you linked, the suspect didn't even throw the knife until after the officer shot him. If a belligerent police officer came out of nowhere and started shooting at you -- remember, police had arrived on the platform less than 30 seconds ago -- might not you also try to to defend yourself?

      How did any of this happen? Did the officer not have time to say "halt"? Or "drop your weapon"? The drunk man, who was reported as being too drunk to stand and too drunk to walk straight, was such a threat to the officers' lives that even though they were armed and wearing body armor, as soon as they him, they realized they had just 24 seconds to shoot him dead?

      And perhaps the most pertinent question: Why did they choose their firearms instead of their tasers? When Johannes Mehserle murdered Oscar Grant by shooting him in the back while Grant was face down on the ground and handcuffed, Mehserle's excuse was that he mistook his firearm for his taser. Many, many law enforcement experts came forward to say that this was highly unlikely, as officers are required to keep their taser and their handgun on opposite sides of their bodies. Mistaking the two would be tantamount to mistaking your own left hand for your right. Now this other officer chooses to draw his handgun and use lethal force on an inebriated suspect, while his taser sits in his holster, unused. That's an interesting coincidence, don't you think?

      I've always thought it was interesting, too, that BART police officers seem to carry 2-3 extra magazines on their belts when patrolling trains. Just how many shots do they expect to have to get off on an occupied train or inside a subway platform, anyway? 45?

      Might it not be that BART police training encourages officers to use their firearms as the first line of defense? And that BART needs to answer to this pattern of behavior by its police force? But that it chooses not to answer, because its police force is not answerable to any city's mayor or city council, and in fact is answerable to no organization but BART itself? And therefore the public's only real recourse is civic unrest?

      I'm just floating the possibility out there.

      --
      Breakfast served all day!
    10. Re:BART really doesn't like dissenting voices by Ruke · · Score: 1

      Second where does someones rights end? Why do the protesters rights to free speech matter more than peoples rights to use public transit? The protesters set out to shut down the stations. They have every right to protest outside the stations but once they interfere with people using the station they are violating others rights.

      The police would be well within their rights to arrest people found to be breaking a law. However, they're not allowed to prevent people from assembling or exercising their free-speech rights, even if they suspect that these will lead to crimes being committed in the future.

    11. Re:BART really doesn't like dissenting voices by scubamage · · Score: 1

      The first amendment guarantees freedom of speech and peaceful assembly. You don't have a right to public transit, that is a privilege. Please check the constitution.

    12. Re:BART really doesn't like dissenting voices by sjames · · Score: 1

      I have no question that the drunk threw a bottle, and perhaps a knife. It may have even cut an officer. They had every right to get physical with him and to arrest him. Summary execution was not, however, a reasonable response.

      Lethal force is really only justifiable where there is a genuine threat to life that cannot be mitigated through retreat. For example, they could have backed off and come back in body armor. Or they could have backed off and turned a firehose on him. Or tasered him. Or thrown their clubs at him. Or even goaded him into throwing his remaining knife leaving him unarmed. Or they could have just waited for him to trip over his own feet and fall on his own knife. They could have even used the same snare pole animal control uses on large dogs.

      I don't get this modern trend of cowardly cops resorting to lethal force (and wetting themselves) every time someone says boo. It's not only a disgrace to the profession, it's a danger to the public they're supposed to protect. There are times when lethal force is called for and many more where it is not. If they can't tell the difference, they are in the wrong profession.

    13. Re:BART really doesn't like dissenting voices by MozeeToby · · Score: 1

      The police report says the man had 2 knives and a broken bottle. 1 knife and 1 bottle had been thrown and the man was advancing towards them with the second knife in hand when they put three shots into his chest.

      What isn't clear from the report or the video available:

      How far away the guy was when they resorted to lethal force, could be considered important considering at least one of the officers was armed with a taser.
      Where bystanders are in relation to the threat, was a man with a knife a bigger threat than firing a weapon on a crowded train platform?
      Just how drink the guy was. Granted, throwing a knife isn't as easy as the movies look, but either the guy was pretty far away or very drunk based on the lack of accuracy on his throw (missed by a good 4 ft). I'd find it harder to believe a man who is falling down drunk is a legitimate threat

    14. Re:BART really doesn't like dissenting voices by interkin3tic · · Score: 1

      Apparently the man was belligerent, apparently he had a weapon, and he threw the weapon at them. What did the officers think he was -- a circus knife-thrower? Was he planning to pin the officers to the wall with knives, maybe? He was apparently too drunk to walk straight, so maybe he was planning to do that with his hand over one eye?

      That would be a lot of thinkin for a person to be doing in a split second while a knife is flying at them. And it's worth noting that there were people behind the officer in that video that might have been hit with a knife. Risk own life and others on assumption that crazed drunken bum doesn't have another knife and won't get lucky, or shoot? My first instinct would probably be to shoot too.

      You make an excellent point about training though. First move should be to their tasers. Cops have a duty to not shoot first and ask questions later.

    15. Re:BART really doesn't like dissenting voices by Raptoer · · Score: 1

      It's more like this:
      The objective of the BART group is to run the trains, safely and on schedule.
      A train station is a dangerous place during a protest. Protests, being large relatively immobile crowds have the possibility of pushing people into places where they shouldn't be. Between an enclosed space causing crush problems, the electrical lines for the trains, and the trains themselves, I wouldn't want to be in a train station during a protest.

      Probably they decided to shut down the stations for two reasons: So that nobody would get hurt (which would then be blamed on BART's response) and so that hopefully the protesters would get bored and leave sooner so they could resume service.

    16. Re:BART really doesn't like dissenting voices by PCM2 · · Score: 2

      That would be a lot of thinkin for a person to be doing in a split second while a knife is flying at them

      I hear you, but you missed one point: The knife was not flying at them. The officer shot the guy first, then he threw the knife.

      If you read other accounts, there was some other Keystone Cops type stuff, where the guy threw the bottle, liquid spilled out of the bottle, and one of the officers slipped on the liquid and fell on his ass. That was when the second officer drew his weapon and reportedly fired two seconds later. If you read between the lines, it sounds like a pair of poorly trained, less-than-competent officers felt like they were losing control of a situation (with a crazy drunk, no less) and freaked out.

      I mean, come on... this is who they were up against. And that photo isn't a mugshot, it's his driver's license photo. That's what he used to look like when he went to the DMV. In all honesty, I don't even know you, but I'm pretty sure you could take him.

      --
      Breakfast served all day!
    17. Re:BART really doesn't like dissenting voices by Ossifer · · Score: 1

      > large relatively immobile crowds have the possibility of pushing people into places where they shouldn't be. Between an enclosed space causing crush problems, the electrical lines for the trains, and the trains themselves

      Sounds like any rush hour at Montgomery station to me...

    18. Re:BART really doesn't like dissenting voices by LWATCDR · · Score: 2

      Yes I did see the head line. It said that it didn't show the threat that the man was.
      No hospital report but this news story. http://www.huffingtonpost.com/2011/07/04/bart-shooting-san-francisco-transit-officers_n_889934.html

      First line of defense?
      The officer was already hit by a bottle? You don't think that being hit by a bottle isn't life threatening? Ask someone to shit you with a bottle sometime. These are not movie props.
      There where innocent people in that station including a child. Yes I know was thrown it was visible in the video or did you watch it? They also found a second knife at the scene. As I said vigilantly justice. No investigation needed and looks like you didn't bother to watch the video.
      And I will make this statement. There was NO NEED TO PROTEST AT ALL! There hasn't even been an investigation yet! The Officer may have made an error but if so it was a very understandable human error and not a cold blooded killing! I suggest you watch the video and see how fast this all happened. I doubt that it will change your mind since you seem to have feel no need to question the mob.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    19. Re:BART really doesn't like dissenting voices by LWATCDR · · Score: 1

      You mean the crazy guy with a knife?
      Yes he looks scary as hell to be honest. Also do you have any sources for your keystone cops story?
      I suggest you look at the video again.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    20. Re:BART really doesn't like dissenting voices by LWATCDR · · Score: 1

      I am expressing my desire to go someplace. They are restricting my freedom of expresion.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    21. Re:BART really doesn't like dissenting voices by LWATCDR · · Score: 1

      Wow what about the other people at the station? Really? That isn't summary execution. This guy threw a bottle at an officer and then pulled a knife! Taser maybe but did the office that shot have a taser or was the one hit by the bottle have the tazer. Did you even watch the video I linked too?
      A guy throwing a bottle at you and then pulling a knife in a station with innocent people is far from saying Boo.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    22. Re:BART really doesn't like dissenting voices by sjames · · Score: 1

      They had tazers. Nobody was in any way concerned about anything until the cops inflamed the situation. None of the passengers seemed at all frightened until the cop drew his weapon. You're not at all concerned about bullets hitting bystanders?

      I did watch the video and see no reason anyone but a craven coward would actually fear for their life there. (at least until the cop started shooting, endangering pretty much everyone present).

      And no, that's not really much more than saying Boo when the guy is wobbly drunk.

      The girl with the scooter was clearly a lot more afraid of the gunfire than the drunk, and she was right. Perhaps they would have been better off asking her to take care of it.

    23. Re:BART really doesn't like dissenting voices by IVI+V+K · · Score: 1

      The right to free speech has minor limits. The right to free speech does not allow you to trespass inorder to exercise that speech.

      Free speech is limited for matters of immediate public safety. You cannot falsely yell fire in a crowed theater.

      Similarly, BART explicitly restricts civil protest in the BART system. Train platforms can be dangerous places when crowded and tempers flare. BART also restricts eating and drinking, both activities that we also have natural rights to.

      Since BART is very crowded during rush hour. Any tussle between police, protesters or others (including irate commuters) could result in people being pushed onto the tracks, electrocuted by the third rail or run over by an approaching train. BART has a public obligation to maintain order and safety within the system.

      The protesters have been allowed to protest and speek their message outside the stations, their right to speech has not been violated.

    24. Re:BART really doesn't like dissenting voices by PCM2 · · Score: 1

      The story about the officer slipping and falling to the ground was from the article I linked above, the one with the pic of the homeless guy.

      --
      Breakfast served all day!
    25. Re:BART really doesn't like dissenting voices by Travelsonic · · Score: 1

      Somehow I think you missed the point entirely with that red herring. Just a gut feeling.

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    26. Re:BART really doesn't like dissenting voices by PCM2 · · Score: 1

      Yes he looks scary as hell to be honest.

      Aw, maybe you have to live in the Bay Area. I see guys who look like that every day. He looks pretty desperate, if you ask me. Our streets are crawling with crazy drunks, addicts, homeless, and the mentally ill. I'm sure the guy was acting pretty erratically, but if you read reports, nobody on the platform ever felt particularly endangered. It's an everyday thing out here.

      More to the point, though: Would I personally want to try to detain this man and physically restrain him? Hell no. I'd leave that to trained law enfo... oh, wait.

      On the other hand, if regular citizens were allowed to carry firearms, and I was on that BART platform and I had a handgun on me, would I have approached that man and shot him stone dead? Somehow I don't think so.

      In less than half a minute, these two officers managed to escalate a drunk-and-disorderly call to a violent episode that ended in a fatality. I wouldn't categorize this as a murder -- not like Oscar Grant or Kelly Thomas. But a wrongful death? Very possibly. And at the very least, BART must answer for the actions of its officers, and "thank you for your interest, but we have decided we did nothing wrong" isn't going to cut it.

      People want to act as if these protests are over the actions of two police officers. They're not. It's too late to take back what those two officers did. What the protests are about are the policies and practices of BART Police, and BART's ongoing unwillingness to address the matter or even discuss it. BART Police are not city, county, or municipality cops. They are part of the BART organization. So to send a message, protestors disrupted the operations of BART -- a perfectly logical move, if you ask me, when the goal is to get the attention of whoever manages and oversees BART Police.

      BART's answer so far has been to escalate the whole situation into a media circus in an attempt to distract attention from its own culpability in these matters. In so doing, it has drawn a lot of negative attention to itself -- so I'd say the protests have been fairly effective.

      --
      Breakfast served all day!
    27. Re:BART really doesn't like dissenting voices by LWATCDR · · Score: 1

      And where was the Keystone cops comment?

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    28. Re:BART really doesn't like dissenting voices by LWATCDR · · Score: 1

      "Aw, maybe you have to live in the Bay Area. I see guys who look like that every day. He looks pretty desperate, if you ask me. Our streets are crawling with crazy drunks, addicts, homeless, and the mentally ill."
      And you do not find an armed crazy drunk, addict, or mentally ill person worthy of concern? I would say that you have an under developed sense of self preservation.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    29. Re:BART really doesn't like dissenting voices by PCM2 · · Score: 1

      And you do not find an armed crazy drunk, addict, or mentally ill person worthy of concern? I would say that you have an under developed sense of self preservation.

      I probably wouldn't know he was armed. For all I know, they're all armed. Until the cops showed up, this guy's only crime was being drunk. I don't find that worthy of concern, no. It was the cops' job to do something about it, though, and they did it in a way that escalated almost immediately to fatal violence.

      --
      Breakfast served all day!
    30. Re:BART really doesn't like dissenting voices by Hognoxious · · Score: 1

      The right to free speech doesn't oblige any other party to provide a transmission/distribution service, nor force anyone to listen.

      Blocking legitimate travellers isn't speech, it's an action.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    31. Re:BART really doesn't like dissenting voices by Hognoxious · · Score: 1

      For example, they could have backed off and come back in body armor. Or they could have backed off and turned a firehose on him. Or tasered him. Or thrown their clubs at him. Or even goaded him into throwing his remaining knife leaving him unarmed.

      They could have just waited for him to find Jesus or sober up. And if he'd killed or injured an innocent person in the meantime that'd just be tough luck, would it?

      P.S. Really smart idea - spraying water around near high voltage lines.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    32. Re:BART really doesn't like dissenting voices by cromar · · Score: 1

      Somehow how I don't remember BART being mentioned in the First Amendment. Did it really say we have the right of peaceable assembly except where BART prohibits us?

    33. Re:BART really doesn't like dissenting voices by black+soap · · Score: 1

      So now we can protest, but only through speech and not through action? Is BART a private entity, or an extension of the government?

    34. Re:BART really doesn't like dissenting voices by a1englishman · · Score: 1

      Saftey is unproven? Are you nuts? An underground train station, with limited space, limited egress, trains moving through, and high voltage. Sound pretty safe to me, too.

      Look, I'm all for everyone getting their say, but saftey comes first.

      I go cross-eyed every time someone says how egregious it is that BART cut off the cell phone service. I'd like to have cell service in my underground train system. I rather suspect, BART took note of the recent London riots that were flamed by idiots with their cell phones and didn't want a repeat in their expensive facility. Cell services isn't a god given right. As a commuter, I'd be annoyed there was no service, but furious a bunch of people want to deny me my ride home.

      So, the original intent was to protest someone being killed by the BART police. Why not protest outside the BART offices then? The communters didn't have anything to do with it.

      Finally, if you're going to stand on the escollator, do it on the right. The left side is for walking.

    35. Re:BART really doesn't like dissenting voices by sjames · · Score: 1

      The firehose is no more dangerous than spraying hot lead around innocent passengers, now is it?

      You haven't provided even a vague reason why they shouldn't have used the tasers both were armed with rather than immediately jumping to lethal force.

      As for the rest, REALLY? It was better to kill someone than tell a couple passengers to stand back (as if they weren't already). PLEASE stay away from any position where life and death decisions might have to be made! You're apparently very bad at it!

      Keep in mind, overly fearful and trigger happy cops eventually will kill a child with a toy gun (or nearly any other mis-identified object).

      .

    36. Re:BART really doesn't like dissenting voices by Ossifer · · Score: 1

      Safety risk of protest unproven. Show me the bombs, molotov cocktails, etc. They didn't exist and BART police knew this.

      As far as "underground train station, with limited space, limited egress, trains moving through, and high voltage" this applies whether or not one is a protester, so maybe they should shut down BART entirely, due to "safety".

      The whole idea of public protest is to be seen, and they selected the site of the incident. Maybe you should suggest that they protest in the closets of their own homes?

      Finally, once you get off the escalator, please move the hell away from it, as others are about to be slammed into you. (I see this as a greater risk at Montgomery station).

    37. Re:BART really doesn't like dissenting voices by Nom+du+Keyboard · · Score: 1

      Lethal force is really only justifiable where there is a genuine threat to life that cannot be mitigated through retreat.

      Most sane, rational places retreat is not required any longer. Of course, SF may be neither sane, nor rational. All that is required is that the person properly believe that there is a threat of injury or death to them or others. You can (stupidly) come at me with a penknife that you claim is not going to actually kill me and I can shoot you anyway. It doesn't have to be life or death for me in that situation when I have the pistol.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    38. Re:BART really doesn't like dissenting voices by Nom+du+Keyboard · · Score: 1

      Nobody was in any way concerned about anything until the cops inflamed the situation.

      Congratulations for the absolutely stupidest statement in this entire discussion.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    39. Re:BART really doesn't like dissenting voices by Nom+du+Keyboard · · Score: 1

      than spraying hot lead around innocent passengers.

      You clearly know nothing about guns or firearms training now, do you? For starters, the lead or other alloy used has not picked up significant heat, and they weren't shooting at the passengers. No one else was injured, but I'm sure that you consider that just a lucky coincidence now, don't you?

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    40. Re:BART really doesn't like dissenting voices by Hognoxious · · Score: 1

      The firehose is no more dangerous than spraying hot lead around innocent passengers, now is it?

      Yes, actually. Unless you're using an immense amount of lead, it isn't going to make contact with innocent (i.e. not throwing knives) people and conduct high voltage electricity through them.

      REALLY? It was better to kill someone than tell a couple passengers to stand back (as if they weren't already).

      Water from a high pressure hose can travel a long way, and not necessarily in the original direction it was pointed.

      PLEASE stay away from any position where life and death decisions might have to be made! You're apparently very bad at it!

      You, of course, do it hundreds of times a day without ever making a false positive or a false negative.

      Keep in mind, overly fearful and trigger happy cops eventually will kill a child with a toy gun (or nearly any other mis-identified object).

      Don't see how that follows from a situation where someone is actively deploying a lethal weapon and meets someone with a lethaller[1] one.

      But anyway, sounds like an argumentum infantibus if ever there was one.

      [1] is too.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    41. Re:BART really doesn't like dissenting voices by Hognoxious · · Score: 1

      So now we can protest, but only through speech and not through action?

      GP is referring to the Bill Of Rights. What does it say?

      Is BART a private entity, or an extension of the government?

      How is that relevant?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    42. Re:BART really doesn't like dissenting voices by Hognoxious · · Score: 1

      Somehow how I don't remember BART being mentioned in the First Amendment.

      it's just after the bit about "...peaceably assemble, and whine on their shitty blogs".

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    43. Re:BART really doesn't like dissenting voices by cromar · · Score: 1

      I'm glad you have the right to basically say "Fuck the Bill of Rights!" in your last comment. I'm glad I have the right to say "Fuck you!" Even if they're whiners, we need to protect their rights so we can have beautiful, illuminating conversations like this. Or maybe you prefer countries where they don't even pay lip service to the idea of equality under the law.

    44. Re:BART really doesn't like dissenting voices by black+soap · · Score: 1

      So now we can protest, but only through speech and not through action?

      GP is referring to the Bill Of Rights. What does it say?

      I would suggest that peacable assembly included in the list of things the government can't outlaw means that some actions are protected with speech.

      Is BART a private entity, or an extension of the government?

      How is that relevant?

      Some are suggesting that BART can restrict anything, because it is a private entity, and that BART stations are private property - and I am making the point that BART is acting as an extension of the government, so for BART to be restricting free speech and peacable assembly IS the government doing the same.

  3. Choices by Anonymous Coward · · Score: 0

    "They made us choose between people's ability to use their mobile phones (and) their constitutional right to get from point A to point B."

    -- quote from BART

    Government officials simply cannot decide to choose to deny you what they openly admit is a constitutional right.

    It's lawyerin' time.

    1. Re:Choices by Anonymous Coward · · Score: 0

      "They made us choose between people's ability to use their mobile phones (and) their constitutional right to get from point A to point B."

      -- quote from BART

      Government officials simply cannot decide to choose to deny you what they openly admit is a constitutional right.

      It's lawyerin' time.

      Hey BART, can you remind us which amendment is the right to travel by subway from point A to point B? I found the free speech one already, but that was easy since it's the first one.

    2. Re:Choices by Anonymous Coward · · Score: 0

      the people could talk all they wanted, the couldn't make cell phone calls. Which ammendment is that?
      if so you better sue a whole bunch of mountains and caves.

    3. Re:Choices by Ruke · · Score: 1

      They misspoke; it's actually Title VI of the Civil Rights Act of 1964. So they're bound by federal law, not constitutionally-guaranteed rights.

    4. Re:Choices by andymadigan · · Score: 1

      Actually, the right to free speech in this case would be #14 (Federal) or #2 (Constitution of California). Parts of the bill of rights have been incorporated via Amendment #14.

      In any case, you're right, there's no constitutional right to use the subway, though SCOTUS has recognized a right to interstate travel, and one could argue that blocking access that blocking access to interstate travel might be held to violate that right.

      Article I of the Constitution of California enumerates protected rights, oddly it doesn't cover travel, though it might be elsewhere in the constitution.

      -- I'm not a lawyer, and I live in NY

      --
      The right to protest the State is more sacred than the State.
    5. Re:Choices by jc42 · · Score: 1

      "They made us choose between people's ability to use their mobile phones (and) their constitutional right to get from point A to point B." -- quote from BART ... It's lawyerin' time.

      Well, maybe not. I'd guess that the reason they decided to leave the cell towers alive during later protests is that some lawyers already talked to them. The standard scenario to bring up in a case of cell-tower shutdowns is: What if there's a medical emergence such as a heart attack or stroke, people pull out their phones to call 911, can't get service, and the victim dies? As soon as people learn that you shut down the local cell phone system intentionally, they'll fire suit against you before the story even hits Google News.

      It's trivially easy to find discussions of just this scenario. Just google the obvious phrases, and you'll find thousands of stories about it. Performance venues like concert halls tried blocking cell phones for a while, but hardly any of them still do this out of fear of just this sort of medical event.

      BART's management probably just got it though their thick skulls that they will be held responsible for deaths that result from their blocking cell phones. Free speech has nothing to do with it; it's more a fear of being charged with criminal negligence that leads to deaths.

      (Though I'm a bit doubtful about the use of the term "negligence" to refer to intentionally closing down a public communication channel. Usually "negligence" means failing to do something that you should have, not intentionally doing something that you shouldn't. ;-)

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  4. Quote by Anonymous Coward · · Score: 0

    I didn't do it. - Bart

  5. Shut it all off! by Nom+du+Keyboard · · Score: 5, Insightful

    If I has been in charge of BART this weekend (and I was up in the Bay Area during this) I would have shut the whole courtesy BART cell phone repeater system down and told the EFF and the ACLU to take a flying f'ing leap into the bay. There is NOTHING in the Constitution about freedom of speech that says that you have to assist demonstrators in shutting down your system. BART exists to move people efficiently in a city with too many cars, too much pollution, and never enough parking. The demonstrators are a bunch of loonies who want to be part of an Anonymous based action and have no right to even be on BART's private property for that purpose. If BART directors actually had a spine that wasn't broken down by too much bending down to Political Correctness they wouldn't have these issues. This is something to be sorted out in the courts, not on the streets - unless you really want to become Egypt. Personally, I don't.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Shut it all off! by SydShamino · · Score: 2, Insightful

      And if anyone had a heart attack on a train this weekend, and no one was able to call for assistance, you would have been charged with criminal negligence and sent to prison.

      --
      It doesn't hurt to be nice.
    2. Re:Shut it all off! by Nom+du+Keyboard · · Score: 2, Insightful

      And if anyone had a heart attack on a train this weekend, and no one was able to call for assistance, you would have been charged with criminal negligence and sent to prison.

      A Red Herring fallacy if there ever was one.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    3. Re:Shut it all off! by Anonymous Coward · · Score: 0

      And if anyone had a heart attack on a train this weekend, and no one was able to call for assistance, you would have been charged with criminal negligence and sent to prison.

      Somehow I doubt that.

    4. Re:Shut it all off! by jdunn14 · · Score: 5, Insightful

      Bull.

      The BART cell phone repeater system has only been in place for a few years as a courtesy to riders. There are still emergency phones in stations (along with employees who have access to land lines) and the train conductors have the ability to call for assistance as well. People have built systems for calling for help in emergencies for decades before cell phones existed.

    5. Re:Shut it all off! by Ossifer · · Score: 1

      The last person who tried this line of thinking is currently lying on a hospital bed during his trial...

    6. Re:Shut it all off! by Nom+du+Keyboard · · Score: 0

      And if anyone had a heart attack on a train this weekend, and no one was able to call for assistance, you would have been charged with criminal negligence and sent to prison.

      P.S. IANAL - and obviously neither are you.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    7. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Why shut down the repeaters?

      It seems to me the repeaters would be a good way to find those who where unlawfully protesting.

    8. Re:Shut it all off! by Duradin · · Score: 2

      I wonder how the trains communicated with each other and the stations before the cell phone repeaters. There must have been a lot of accidental collisions due to getting off their scheduled times.

    9. Re:Shut it all off! by Anonymous Coward · · Score: 0

      In fairness, didn't they the Egyptians on their asses for about 50 years?

    10. Re:Shut it all off! by The+MAZZTer · · Score: 4, Insightful

      But how far can this logic take us? Let's just shut off water and electricity to the properties of people we don't like. Nothing in the constitution that says they have a right to be able to purchase those services. IMO at some point, conveniences become widespread enough that we start to rely on them, and the providers of that service can then exact control over us by restricting or controlling this service, which previous to our reliance might not have mattered so much.

    11. Re:Shut it all off! by Anonymous Coward · · Score: 0

      .....derp

    12. Re:Shut it all off! by interkin3tic · · Score: 1

      I would have shut the whole courtesy BART cell phone repeater system down and told the EFF and the ACLU to take a flying f'ing leap into the bay. There is NOTHING in the Constitution about freedom of speech that says that you have to assist demonstrators in shutting down your system.

      Were any of their arguments actually based around the constitutionality of that act? Because otherwise, that has nothing to do with the protests. Something not being barred by the constitution is a terrible standard for whether something is justified or not.

    13. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Well said... now back to sniffing glue.

    14. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Go suck on Rick Perry's corndog you fucking amerikkan.

      By your tone, it sounds like you are making that out to be a bad thing.

      Why are you such a homophobe? Stop your bigotry now!

    15. Re:Shut it all off! by Anonymous Coward · · Score: 0

      They were not "Blocking" service, they simply cut off the repeater (a convenience courtesy basically) that they allowed to be installed so service could work where it normally would not (ie the tunnels, etc...), Now if they were jamming then there is a case.

    16. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Different /.er here, but wow your little presumptuous rant says it all doesn't it? Anyone who disagrees with you is a bible thumping fascist. This is why I hate childish fucks like you who get this worked up over little issues. You histrionic kids are the same kind of "revolutionaries" who would line people up against the wall if you ever gained any power or influence. A world lead by the likes of you is grimmer than anything we have or will have under those whom you despise. Kindly die.

    17. Re:Shut it all off! by poity · · Score: 2

      I get what you're saying and I agree to an extent, but consider that water and electricity provide for basic human biological needs - thirst, hygiene, and need for warmth. Perhaps cell phone access does not fit in that group as perfectly as we may wish.

      --
      your thin skin doesn't make me a troll
    18. Re:Shut it all off! by Sir_Eptishous · · Score: 1

      Pagers!

      --
      We play the game with the bravery of being out of range
    19. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Dude, BART has existed since 1972. How long have you had your cell phone? How do you imagine people got emergency service before 1990? What's wrong with using the for free 911 service on any of the pay phones on every BART platform? Why not use the emergency phones on every BART platform to call for help?

      Admit it. You are an argument looking for a reason to argue. You aren't (at least in this instance) a clear thinking individual who criticizes appropriately based on the facts at hand.

    20. Re:Shut it all off! by BetaDays · · Score: 1

      Just wondering. Can BART remove the cell phone repeaters in the future? OR are they now forever going to have to have that service available? And a second thought is. Or what about if they did something where you had to pay for the cell phone repeater service? That would be interesting. Some way that the repeaters only allowed certain numbers that prepaid for the service or some kind of NFC phone hook up that can talk to the cell repeaters to allow a specific phone to work. Think of the extra cash that could come in.

      --
      Paul: Father... father, the sleeper has awakened! - Dune
    21. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Bad analogy - it's more like people moving into your house, so you cut off the water and electricity and force them out.

    22. Re:Shut it all off! by RanCossack · · Score: 0

      amerikkan

      It's actually spelled "American". You're welcome.

      (You also need to replace a couple of those commas with semicolons -- and no need for thanks; I'm happy to help.)

    23. Re:Shut it all off! by wernst · · Score: 1

      "There is NOTHING in the Constitution about freedom of speech that says that you have to assist demonstrators in shutting down your system."

      Actually, it's the FCC that has full legal authority regarding cell phone service (and pretty much all wireless communication methods), and its intentional disruption or jamming, and how NO ONE is supposed to be legally allowed to do it. You know why movie theaters can't install cell phone jammers to keep phones in the audience from ringing? The FCC makes it illegal to do so. Remember when the vendors of paid WiFi services in Logan airport wanted to shut down a competing free WiFi service in the terminal, but weren't allowed to do so? That pesky FCC again.

      Basically, only the FCC has the legal authority to suspend/disrupt/jam common carrier services. And in fact, the FCC is inviting users who had their services disrupted to register a complaint at http://www.fcc.gov/complaints or call 1-888-CALL-FCC.

      So no, it's not the Constitution that protects the protesters' rights to use cell phones, but the FCC prohibits anyone else from interfering with the signals, regardless of the intention.

    24. Re:Shut it all off! by Anonymous Coward · · Score: 0

      how is it irrelevant this his retarded actions have very possible and unfortunate consequences?

    25. Re:Shut it all off! by MrCawfee · · Score: 1

      BART is automated, the driver can operate the train but unless there is a problem with the computer their main job is to close the doors.

    26. Re:Shut it all off! by blackraven14250 · · Score: 1

      The FCC can prevent jammers from being used, but can't prevent the owners of a repeater from shutting it down. AFAIK, BART didn't jam any signals, only shut down the repeaters they had installed.

    27. Re:Shut it all off! by Anonymous Coward · · Score: 0

      BART is not a provider of cell phone services. It merely installed repeaters to improve those services for BART customers. It has absolutely zero legal obligation to keep it's repeaters powered on and does so merely as a convenience for it's customers.

      Here's an analogy for you: It would be like a company providing free bottled water to it's customers, then deciding to stop providing free water. You haven't been deprived of water, or actively blocked from getting your own water, and your access to your water utility company still works just fine.

    28. Re:Shut it all off! by Anonymous Coward · · Score: 0

      During the protest that cell phone service was turned off, there were approximately 12 BART employees on each of the 2 platforms I was on most with 2-way radios, every car has an intercom to the train operator and there are phones in all the stations. I'm so sick of slashdotters that obviously aren't locals and using BART trying to make some safety issue out of this.

    29. Re:Shut it all off! by hedwards · · Score: 1

      They'd use signal lights and they'd travel a lot more slowly.

    30. Re:Shut it all off! by DRJlaw · · Score: 2, Informative

      There is NOTHING in the Constitution about freedom of speech that says that you have to assist demonstrators in shutting down your system.

      Merely that pesky First Amendment ("Congress shall make no law... abridging the freedom of speech") as applied to the states through the Fourteenth Amendment (See Gitlow v. New York, 268 U.S. 652 (1925)) and a host of Supreme Court precedent stating that prior restraints to speech must serve a compelling governmental interest, be narrowly tailored to achieve that goal or interest, and be the least restrictive means for achieving that interest.

      The closest analog to this situation is likely found in the imminent lawless action test. Brandenburg v. Ohio, 395 U.S. 444, 447 (1969). Before you interpret that phrase too broadly, consider that the Supreme Court stated that "the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

      "Because July protests against BART police shootings had turned violent, BART officials took the unusual step to protect public safety, they said." Source: Christian Science Monitor.
      That doesn't sound like evidence that anyone was advocating imminent violence. That doesn't even sound like evidence that violence was likely to occur last week. Instead, that sounds like an official decided that potential violence was a good hook and shut down the BART cell phone repeater system based on the likely content of the calls (calls organizing a protest) rather than any substantial likelihood of violence.

      The demonstrators are a bunch of loonies who want to be part of an Anonymous based action and have no right to even be on BART's private property for that purpose.

      First, Anonymous wasn't involved last week's demonstration. Second, BART is a governmental organization that is incapable of owning "private property." Third, even in the sense that the government can exclude the general public from public property, there's this pesky problem:

      The privilege of a citizen of the United States to use the streets and parks for communication of views on national questions may be regulated in the interest of all; it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied. -- Hague v. Committee for Industrial Organization, 307 U.S. 496 (1939)

      Subways and their stations are merely another iteration of a public street, and while they merit tighter regulations due to the environment (confined spaces, dangerous areas, etc), that last "but" does not completely go away. Public transit, like it or not, is required to deal reasonably with public speech and protest.

      If BART directors actually had a spine that wasn't broken down by too much bending down to Political Correctness they wouldn't have these issues. This is something to be sorted out in the courts...

      It will. Merely not in the sense that you intended. Peaceful protestors* will defend against charges filed against them in court (that pesky Brandenburg didn't like his criminal conviction), the ACLU or some other entity will drag BART into court if they use that tactic again.

      not on the streets - unless you really want to become Egypt.

      Too late. BART in general faces an even more riled up and motivated opposition as a result of this action. Besides, the courts are not there to resolve political problems. Politics exists to resolve political problems. Politics is sometimes diplomatic, sometimes backroom, and sometimes made on the streets. Get used to it.

    31. Re:Shut it all off! by Anonymous Coward · · Score: 0

      How the fuck is this [any % > 0] insightful?

      Not only cell phone transmitters, but the courtesy phone? WHAT IF THERE IS AN EMERGENCY? You'd make it harder for people to, I dunno, GET HELP?

      That's not called "resisting political correctness," that's called being a fucking moron - and a negligent one at that. Did it ever occur to you that having it on =/= the only use being abetting disruptive protests? What about the people who TRAVEL every day, WORK on the system EVERY DAY, do they suddenly not matter because of your "we must burn the village down to save it" mentality?

      Wow, thank god you have no position of power, or we'd all be fucked.

    32. Re:Shut it all off! by Anonymous Coward · · Score: 0

      If the only means of emergency communication on the BART system was riders' personal cellphones, they should be found negligent for that reason.

    33. Re:Shut it all off! by misexistentialist · · Score: 1

      Every cellphone transmitter only exists as a "courtesy". You think it's OK for the various owners to turn them on and off, re-route calls, etc. for any reason?

    34. Re:Shut it all off! by misexistentialist · · Score: 1

      With no phone you are cut off from a lot of more basic services.

    35. Re:Shut it all off! by Darinbob · · Score: 1

      No, the trains still have communication. Only the cell phones wouldn't work. Cell phones are not the only communication mechanism in existence, and people have had medical emergencies on BART before the cell phone repeaters were installed. The train operator has communication with BART offices at all times. In fact you can not just rely on cell phones anyway, you still have to tell the operator so that the train can stop at the next station.

      The most that cell phone disruption on BART is going to do is prevent updating of facebooks status or phone messages that you're going to be delayed for dinner because of some protests.

      I'm not necessarily saying that this is or is not a violation of free speech rights. But the "omg someone could have died" is just extremely naive. I would ask "what about before there were cell phones?" but then I realize that many people with these objections probably honestly do not remember a day before cell phones and think we just grunted to each other from our caves.

    36. Re:Shut it all off! by Darinbob · · Score: 1

      Smoke signals! Ie if you see smoke on the tracks ahead it means that the trains in front of you have already collided with each other.

    37. Re:Shut it all off! by Darinbob · · Score: 1

      And consider that turning off water and electricity for a couple of hours on a Friday night is not necessarily a massive inconvenience. There are natural outages that last longer than that.

    38. Re:Shut it all off! by Anonymous Coward · · Score: 0

      That's a terrible analogy. They're shutting down a courtesy service they are providing on their property, water is something you pay for on your property. When they shut down the whole cell network, then you can make that argument. An analogy closer to the actual situation would be if they turned the water off in a park filled with protesters so they'd have to go to the shop down the street to get a drink. Seems like a standard sort of thing to try and discourage a protest.

    39. Re:Shut it all off! by Anonymous Coward · · Score: 0

      BART doesn't own private property. It owns government property. This is the only reason the constitution applies in this case.

    40. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Try not talking to anyone for a year, and then tell me "communication" isn't a basic human biological need.

      I think cell phone access fits in that group as well as does, say, having cold, fresh, bottled water in vending machines. You're probably not going to die without it, but if you're running late for work, waiting for a train, and need something to drink, are you going to go home to use the tap? Or leave the station to go haul it out of the community well? No.

    41. Re:Shut it all off! by Anonymous Coward · · Score: 0

      Fine. What if the government goes to AT&T, Verizon etc, and says pretty please turn off cell-coverage to this area (terrorism, riots, child porn, etc - whatever the excuse convenient for that moment is). We've already seen that the telecom companies are too willing to co-operate (& those that don't, see your government contracts cancelled ala Qwest).

      So then does AT&T have the right to shut down cell service? After all, it owns it's own towers. By this logic, they do. Does the government have the right to ask? Of course they do - they're not forcing them (unless you consider coercion via government contracts). So thus, the government now has an effective way to shut down communication services. Rinse & repeat for telephone, etc.

      I think the standard should be either you provide service or you don't. But you are not allowed to selectively choose when & where the service works for non-technical reasons. BART shutting down stations is a different thing altogether.

    42. Re:Shut it all off! by Anonymous Coward · · Score: 0

      But how far can this logic take us? Let's just shut off water and electricity to the properties of people we don't like.

      The BART is not planning to shut off any service to people they don't like. They are planning to shut off a service to EVERYBODY on their trains. Learn the difference.

      For that matter, would I support shutting off water and electricity to everyone in the nation? Of course not, if we have the capability to run these services. But it would be a hell of a lot better than selectively shutting them off for "people we don't like".

    43. Re:Shut it all off! by Whuffo · · Score: 1

      I hope you enjoy living in the dystopian world you pine for. Remember when they come for you that you asked for it.

    44. Re:Shut it all off! by Hognoxious · · Score: 1

      And if anyone had a heart attack on a train this weekend, and no one was able to call for assistance, you would have been charged with criminal negligence and sent to prison.

      Since forever, trains have had an intercom to communicate with the driver, who in turn has a radio connection to the control center. Did they remove those when mobile phones were invented?

      Of course if the person didn't have medical insurance it wouldn't make any difference anyway. But that's OK, it's market forces not teh eeevil fascists.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    45. Re:Shut it all off! by th3rmite · · Score: 1

      IMO at some point, conveniences become widespread enough that we start to rely on them, and the providers of that service can then exact control over us by restricting or controlling this service, which previous to our reliance might not have mattered so much.

      WOW. What a sinister plan you have there. We can give over control to somebody, and then when they exert that control we can enlist other people to help us control THEM. So by giving up control of our lives we are really gaining control over somebody else?

      I like your style. I will choose to live in a city where I can't dig my own well, have somebody else pay the costs of running pipes to my house, then go to the pump plant, get in the way of their business and stop others from using their products. Then when they shut off my service I'll really flip a lid! All because I've become so accustomed to the convenience of it all that it is now my RIGHT to have it!

    46. Re:Shut it all off! by Nom+du+Keyboard · · Score: 1

      Were any of their arguments actually based around the constitutionality of that act?

      Yes it was. If you'd followed the news and arguments you would have known that the protesters, EFF (totally WRONG in this situation) and California ACLU (always WRONG in every situation) had called the original protest cell phone repeater shut down a violation of the protester's Freedom of Speech. And that comes directly from the Constitution.

      The problem is that people think that they have a lot more Rights than they actually do have.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    47. Re:Shut it all off! by SydShamino · · Score: 1

      people have had medical emergencies on BART before the cell phone repeaters were installed.

      Of course they did. People had heart attacks in airports before airports had AEDs, too. But if you went around and pulled all the batteries out of the AEDs one day, you'd most certainly be charged with criminal negligence if someone tried to use one in an emergency and it didn't work.

      Once something is generally relied upon for safety, you can't intentionally turn it off. Even if it wasn't relied upon before you turned it on.

      --
      It doesn't hurt to be nice.
  6. I don't get the connection by wcrowe · · Score: 1, Insightful

    Cutting off cell service? Why? Because people never protested or rioted before the existence of cell phones?

    Can someone explain the logic?

    --
    Proverbs 21:19
    1. Re:I don't get the connection by Nexzus · · Score: 2

      It's the London scapegoat effect.

      --
      Karma: Can only be portioned out by the Cosmos.
    2. Re:I don't get the connection by wmbetts · · Score: 1

      Cell phones make it easier to assembly a large mass of people at any given location, because of instance communication (calls, texting, and internet).

      That's a guess, but I think that was probably what they were thinking.

      --
      "Ubuntu" -- an African word, meaning "Slackware is too hard for me". - stolen from Dan C alt.os.linux.slackware
    3. Re:I don't get the connection by Nom+du+Keyboard · · Score: 1

      Cell phones make it easier to assembly a large mass of people at any given location, because of instance communication (calls, texting, and internet).

      That's a guess, but I think that was probably what they were thinking.

      More than that. The demonstration leaders had announced their intention of organizing the crowd in the most effective manner for their own purposes during the first demonstration by using cell phones, twitter, and texting ahead of time. I don't think that they had anticipated this response from BART.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    4. Re:I don't get the connection by Duradin · · Score: 1

      It also makes it easy to move that mass of people to keep them ahead of law enforcement.

    5. Re:I don't get the connection by Sir_Eptishous · · Score: 1

      We have a winner.

      --
      We play the game with the bravery of being out of range
    6. Re:I don't get the connection by Travelsonic · · Score: 1

      Do you honestly believe the bullshit you just spewed? *grabs nose plugs*

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    7. Re:I don't get the connection by Darinbob · · Score: 1

      Actually we don't know the reason. We don't know who turned off the phones. It wasn't sanctioned by the BART board of directors and it's not a part of the policy. The board however doesn't do day-to-day operations.

  7. Solution: Better Protests by Anonymous Coward · · Score: 0

    Officials at Bay Area Rapid Transit decided Monday that cutting cellphone service to thwart another planned protest would cause more trouble than the protests themselves.

    Looks like those protesting at BART need some lessons from Madison, Wisconsin.

    1. Re:Solution: Better Protests by Apocryphos · · Score: 1

      yes because those protests were so much more effective /sarcasm

  8. Not a real protest, just a crime wave by Anonymous Coward · · Score: 1

    This has nothing to do with free speech or rights or anything.

    These are well to do bored young hipsters who want to cause trouble. They are the same people that join other protests in Oakland and then rob stores of "grillz" and shoes and liquor. They aren't even from the Bay Area, and have been described as 'anarchists' coming as far away as out of state just to break and steal and vandalize.

    1. Re:Not a real protest, just a crime wave by fuzzyfuzzyfungus · · Score: 1

      I'm afraid that you have your strawmen mixed up, producing a strange hybrid of the 'liberal elitist hipster either sponging off his parents or in possession of a job that lets him look down on Real Americans' and the 'coddled welfare negroid who knows only gangsta rap and animalistic violence', possibly with a touch of 'one of the tiny remnants of what could be described as genuinely radical leftists, venturing out of his anarco-syndicalist squat somewhere'...

      A well-to-do hipster wouldn't be caught dead in possession of "grillz", and prefers ironic PBR or obscure artisinal microbrews to liquor. Someone looting for "grillz" and liquor, on the other hand, should be of the 'urban' persuasion, and (while glutted on unearned welfare checks confiscated from decent people like you) sufficiently poor to be menacing.

      Please, please, try to observe a modicum of accuracy when employing stereotypes.

  9. WTF is this story about? by Harold+Halloway · · Score: 0

    I assume that if I lived in the US this story would make sense? Well I don't and it doesn't. How about a modicum of context for those of us lucky enough to have been born with bad teeth and a liking for sausages and beer?

    1. Re:WTF is this story about? by what2123 · · Score: 1

      I have to agree with you. The East Coast hasn't heard about any of these incidents and as far as I can tell the issue is moot.

    2. Re:WTF is this story about? by MozeeToby · · Score: 1

      The BART is a slow rail system for the San Fransisco Bay area, with it's very own police force that has a history of abuse, corruption, and at least arguably, murder. This has begun pissing people off so they protested by disrupting service on the BART lines, people in charge of BART decided to hamper the protestors communication by cutting power to BART owned cell repeaters in the tunnels; areas serviced directly by the cell providers' towers were unaffected. This action, not surprisingly, pissed off a great many people causing additional protests. This time, rather than cutting communication they came in and closed the affected stations, and kicked the protestors out which some people are taking as them cutting service to silence the protestors, but, considering the protestors were wandering onto the tracks and preventing trains from leaving that argument is pretty moot IMO.

    3. Re:WTF is this story about? by Anonymous Coward · · Score: 0

      I assume that if I lived in the US this story would make sense?

      I grew up in the Bay Area and I had no idea what was going on based on the summary.

    4. Re:WTF is this story about? by Anonymous Coward · · Score: 0

      Two years ago BART PD shot and killed an unarmed, handcuffed man on the platform[1] of the West Oakland BART Station. White cop, black detainee. It California, if not the rest of the US, it's extremely rare for on-duty police officers to be charged with felonies surrounding shooting deaths. The police officer was tried, and convicted of involuntary manslaughter with a "gun enhancement". The judge threw out the "gun enhancement" and sentenced the police officer to the minimum amount of jail time required by law.

      Two months ago BART PD shot and killed a man on the platform of Civic Center BART Station[2]. This time the deceased was a white man. BART PD alleged that he was drunk, aggressive, had a knife, and had already thrown a bottle at one of the police officers. BART has released security video of the situation which, unfortunately, doesn't seem to clarify much[3]. Witnesses at the scene claim that the man was not acting aggressively[3,4], and that the man's actions did not warrant the use of lethal force. There is, apparently, some dispute as to whether the man had a knife in the first place.

      Last week, there were rumours swirling around about protests scheduled for Thursday regarding this latest shooting. In response, BART preemptively shut down their cell phone repeaters in the San Francisco portion of the subway[5]. This raised the ire of Anonymous[6], who obtained and subsequently released user information (names, addresses, passwords, telephone numbers) from BART's myBART.org site[7,8].

      That's about as succinct as I can make the current tensions surrounding BART PD.

      Meanwhile on the streets of San Francisco:

      In January, SFPD shot an aggressive, knife wielding, wheelchair equipped man in the leg[9]. He was shot with a beanbag gun and subsequently dropped his knife. Allegedly the act of dropping his knife was considered further aggression, so SFPD shot him with a gun. He survived and is now suing the city[10].

      In July, SFPD shot a man running away from SF MUNI fare inspectors. Allegedly he shot at SFPD, and police officers returned fire[11]. He died. People protested[12]. The latest twist is that the deceased in this case accidentally inflicted the lethal wound upon himself[13].

      So, yes, there's a lot of tension in the BART system and in San Francisco right about now.

      Add to the mix that there's a general sense of BART dragging their feet in releasing footage and being less than transparent and, yeah, people get more pissed. Throw in a side of pimping a child and allegedly murdering a pregnant woman, and yeah, some people feel very strongly that the latest SFPD shooting was justified.

      1: http://en.wikipedia.org/wiki/BART_Police_shooting_of_Oscar_Grant
      2: http://en.wikipedia.org/wiki/BART_Police#Passengers_killed_by_the_department
      3: http://blogs.sfweekly.com/thesnitch/2011/07/charles_hill_bart_shooting_vid.php
      4: http://blogs.sfweekly.com/thesnitch/2011/07/charles_hill_identified_as_man.php
      5: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/08/13/national/a110904D55.DTL
      6: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/14/BAH71KN6CK.DTL
      7: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/15/MNIC1KNC1U.DTL
      8: http://boingboing.net/2011/08/14/anonymous-hacks-bart-after-wireless-shutdown-protests-planned-for-monday.html
      9: http://sfappeal.com/news/2011/01/reports-sfpd-shoots-wheelchair-bound-man-in-soma.php
      10: http://sfappeal.com/news/2011/03/wheelchair-bound-man-shot-by-cops-sues-sfpd.php
      11: http://www.huffingtonpost.com/2011/07/28/breaking-sfpd-locates-har_n_912590.html
      12: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/07/20/BAUR1KCGBA.DTL
      13: http://sfappeal.com/news/2011/07/sfpd-man-who-died-after-running-from-officers-shot-himself.php

    5. Re:WTF is this story about? by Alex+Zepeda · · Score: 4, Informative

      Grr. I accidentally posted this as an AC. Here's your context:

      Two years ago BART PD shot and killed an unarmed, handcuffed man on the platform[1] of the West Oakland BART Station. White cop, black detainee. It California, if not the rest of the US, it's extremely rare for on-duty police officers to be charged with felonies surrounding shooting deaths. The police officer was tried, and convicted of involuntary manslaughter with a "gun enhancement". The judge threw out the "gun enhancement" and sentenced the police officer to the minimum amount of jail time required by law.

      Two months ago BART PD shot and killed a man on the platform of Civic Center BART Station[2]. This time the deceased was a white man. BART PD alleged that he was drunk, aggressive, had a knife, and had already thrown a bottle at one of the police officers. BART has released security video of the situation which, unfortunately, doesn't seem to clarify much[3]. Witnesses at the scene claim that the man was not acting aggressively[3,4], and that the man's actions did not warrant the use of lethal force. There is, apparently, some dispute as to whether the man had a knife in the first place.

      Last week, there were rumours swirling around about protests scheduled for Thursday regarding this latest shooting. In response, BART preemptively shut down their cell phone repeaters in the San Francisco portion of the subway[5]. This raised the ire of Anonymous[6], who obtained and subsequently released user information (names, addresses, passwords, telephone numbers) from BART's myBART.org site[7,8].

      That's about as succinct as I can make the current tensions surrounding BART PD.

      Meanwhile on the streets of San Francisco:

      In January, SFPD shot an aggressive, knife wielding, wheelchair equipped man in the leg[9]. He was shot with a beanbag gun and subsequently dropped his knife. Allegedly the act of dropping his knife was considered further aggression, so SFPD shot him with a gun. He survived and is now suing the city[10].

      In July, SFPD shot a man running away from SF MUNI fare inspectors. Allegedly he shot at SFPD, and police officers returned fire[11]. He died. People protested[12]. The latest twist is that the deceased in this case accidentally inflicted the lethal wound upon himself[13].

      So, yes, there's a lot of tension in the BART system and in San Francisco right about now.

      Add to the mix that there's a general sense of BART dragging their feet in releasing footage and being less than transparent and, yeah, people get more pissed. Throw in a side of pimping a child and allegedly murdering a pregnant woman, and yeah, some people feel very strongly that the latest SFPD shooting was justified. And, yeah, there's there's a lot of tension both between the public and the police as well as within the general community at large.

      1: http://en.wikipedia.org/wiki/BART_Police_shooting_of_Oscar_Grant
      2: http://en.wikipedia.org/wiki/BART_Police#Passengers_killed_by_the_department
      3: http://blogs.sfweekly.com/thesnitch/2011/07/charles_hill_bart_shooting_vid.php
      4: http://blogs.sfweekly.com/thesnitch/2011/07/charles_hill_identified_as_man.php
      5: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2011/08/13/national/a110904D55.DTL
      6: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/08/14/BAH71KN6CK.DTL
      7: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011

      --
      The revolution will be mocked
    6. Re:WTF is this story about? by Anonymous Coward · · Score: 0

      ... and a liking for sausages and beer?

      So you're from Wisconsin too?

    7. Re:WTF is this story about? by Harold+Halloway · · Score: 1

      Thanks for your summary which makes things a lot clearer.

    8. Re:WTF is this story about? by Sir_Eptishous · · Score: 1

      This is a Bay Area centric issue. Deal with it.

      --
      We play the game with the bravery of being out of range
    9. Re:WTF is this story about? by RanCossack · · Score: 2

      Well, a quick summary...

      BART (short for Bay Area Rapid Transit) is the mass transit system for San Francisco and surrounding cities -- think of it as like the Subway in New York, or the Underground in London, or the Mass Transit improvement you build in Civ to restore the one one city health penalty you lost when you made that coal plant.

      A group of people decided to protest the BART security shooting a drunk guy who was trying to attack them with a knife. BART, which runs repeater cell stations so that people who ride it can use their cell phones, initially responded by disabling that cell network to prevent protestors from coordinating their efforts to block the trains from running by climbing on the tracks, but later gave in and kept it enabled.

      They did not run trains on the stations where protestors blocked the tracks, as that would have killed the protestors, but the protestors and some commentators here are angry they still ran the other trains, I think. I'm not clear on this part, to be honest.

    10. Re:WTF is this story about? by Anonymous Coward · · Score: 0

      mod parent up

    11. Re:WTF is this story about? by Alex+Zepeda · · Score: 1

      You'd be surprised. Most of the people trying to get home had no idea what was going on. Embarcadero Station is the northernmost San Francisco station in the BART line. It's also the most heavily used, and in the heart of downtown SF. Nobody freaking knew. Civic Center station is near Union Square, the heart of tourist country. Most of the tourists didn't know what was going on either.

      Despite comments from the peanut gallery on sfgate.com indicating otherwise, my experience was that the people who knew what was going on were the ones that had taken to the streets. People were, and still are, angry over the seemingly trigger happy attitude of BART PD. I reiterated the timeline as objectively as possible (see grandparent) for a few people including a couple of Canadian tourists. The tourists' very first reaction was "couldn't they just have arrested the [drunk] guy instead of shooting him?"

      What was interesting to me was that there didn't appear to be a lot of outside agitators. In Oakland, during the unrest surrounding the Oscar Grant trial, much, if not all, of the looting and vandalism was perpetrated by people coming in from outside of Oakland to raise hell. Hell, in Brixton, and likely a number of other towns where the recent rioting took place, many of the instigators drove in for the purpose of raising hell. Not only did San Francisco not burn, but many of the people I talked to were either tourists or people who had lived and/or worked in the city for decades.

      C'est la vie.

      --
      The revolution will be mocked
  10. Cut it off and LEAVE it off! by barlevg · · Score: 0, Troll

    Do people REALLY need to be on their cell phones on the subway, anyway?

    One of the things I like best about the DC Metro is the incredibly spotty cell phone reception. You have NO IDEA how gratifying it is when someone who's been loudly talking on their cell phone for the past three above-ground stations FINALLY gets off as we go underground.

    No one wants to hear your music on the train, which is why radios and boom boxes are banned. Equally, no one wants to hear you struggle to be heard on your cell phone over the roar of the train.

    1. Re:Cut it off and LEAVE it off! by Anonymous Coward · · Score: 0

      Ever heard of this new concept called surfing the interwebs on your phone? Try it sometime, it works with slashdot too...

    2. Re:Cut it off and LEAVE it off! by kidcharles · · Score: 1

      About 2% of my cell phone usage is talking, the rest is web browsing and texting, neither of which make any noise. I don't think I'm that unusual of a cell phone user in that respect. Also, people who talk to other people on the train can be loud even when not on the phone. As a person who spends about 1 hour a day on subways and feel it would be nice if more of the major urban train systems in this supposedly first-world country had cell or even wi-fi access. I think we can survive the occasional loud caller.

      --
      Ceci n'est pas une sig.
    3. Re:Cut it off and LEAVE it off! by barlevg · · Score: 1

      Actually, I have. And while it's nice to be able to watch Youtube, listen to Google Music and read Slashdot on the train, I'd frankly rather have the peace and quiet. One shouldn't be SO ADDICTED to technology that one cannot go an hour twice a day without it.

  11. isn't it illegal to shut it off ? by Anonymous Coward · · Score: 0

    How is it possible that a telecoms provider, which is what BART is in this position) can legally shut down a network just because they do not like the content ? wtf ?
    Would vodafone get away with this during MardiGrass because they do not endorse "show your tits" text messages ?
    Is BART now responsible for ALL content on their network ?

    1. Re:isn't it illegal to shut it off ? by Anonymous Coward · · Score: 0

      They aren't a provider and they have no network. They only have some repeaters set up, so that people can reach their provider's network while under ground.
      As far as I know, there is no law forcing them to even have such a system set up, so why shouldn't they be able to turn it off whenever they wish?

    2. Re:isn't it illegal to shut it off ? by Anonymous Coward · · Score: 0

      If a telecoms provider was having their towers and offices attacked and damaged by shitheads, and those same shitheads were organizing their destruction efforts using the telecoms provider's infrastructure, then yes, I think they would be justified in shutting things down.

    3. Re:isn't it illegal to shut it off ? by Anonymous Coward · · Score: 0

      Maybe because it has become part of a critical service ? ie call 911 ?
      Also, if they have ever advertised this as a "feature" of their transport system then disabling it means defrauding their customers. ?

      But regardless of the legalese, it is a shitty thing to do and it shows BART's total and utter contempt for the general public.

    4. Re:isn't it illegal to shut it off ? by jc42 · · Score: 1

      Re:isn't it illegal to shut it off ?

      Maybe because it has become part of a critical service ? ie call 911 ?

      It's easy enough to find thousands of discussions of just this scenario, by googling the obvious key phrases. But I haven't actually found any clear evidence that courts have dealt with this in a coherent fashion. The obvious reasoning would be that, before we had cell phones, a medical emergency that led to a death would just be an "Act of God", but once we had technology to prevent the death, intentionally blocking a 911 call would become negligent homicide or something similar. But the question arises: What have the courts actually said? (And is calling 911 a case of Interfering With God's Will? ;-)

      I've been told by a number of people who operate concert halls and other such public gathering places that they stopped blocking cell phones out of fear of just such an emergency scenario. But they haven't told me about actual prosecutions of people who did such things. It'd be useful to know whether this is an unfounded fear or not. Can businesses intentionally block communication channels in their vicinity, or will they be held legally responsible for the results of interfering with a 911 call?

      Are there any lawyers that could give us pointers to the appropriate laws and/or court decisions in a case like this? It could be really handy to be able to trot out a list of links in such discussions, to tell people what the current state of the law is.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  12. cell phone service in BART is useless anyways by Anonymous Coward · · Score: 0

    The transbay tube doesn't have any cell service. cell service is unreliable between stations, and crossing 4 stations only takes a matter of 5-10 minutes. So if you're on the train, there's not really much value in having the cell repeaters on. If you're waiting in the station, it's usually so loud in there that even with service on, you can't hear anything. So really, having any coverage is nice when it's available but it's not a reliable means of commmunication at all, with the exception of an occasional SMS or when AT&T decides to give you a trickling stream of data connectivity.

  13. Can't believe they ever put it in in the 1st place by jfruhlinger · · Score: 1

    I lived in the San Francisco area and commuted by BART in the late '90s/early '00s, when cell phones were first becoming omnipresent among the tech crowd. On my train ride back from SF to Berkeley there were two brief periods where trains came above ground, which were marked by everyone whipping out their phones and breathlessly relaying status updates to those they were meetings. I remember thinking, "Jeez, I hope they don't put cell reception in the tunnels, this will just be insufferable." Looks like I was right!

  14. And anonymous shall set us free !! by unity100 · · Score: 1

    It seems so. first, their acts have become something to be afraid of from the respect of private interests, with all these leakages.

    Second, their endless leaking sensitive data will make data so trivial that, there wont be any reason to hide most of what we deem sensitive today. This would remove some issues we are meeting in regard to security - like SSN numbers or similar crap being taken as proof of identity (what a stupid thought) and this leading to fraud and so on. If, it was accepted that there was no way to identify an individual for sure on the internet, then most of the crap governments and corporations pushing on us would be totally null and void, setting us free.

    1. Re:And anonymous shall set us free !! by Anonymous Coward · · Score: 0

      Dunno about setting US free but they've been doing a good job setting our private information free!

  15. Does this validate Anoynmous? by Okian+Warrior · · Score: 0

    (I submitted the article)

    Everyone seems to be missing the larger point here, which is that Anonymous is effective in reversing the government's civil rights erosion.

    As I understand it, BART is funded by the government. A government agency shutting off an otherwise publicly available channel of communication as a response to peaceful protests seems like an abridgement of civil rights. An analogy posted earlier likens it to the Post Office refusing to deliver [postage paid] organizational flyers for a protest.

    For all the wailing and gnashing of teeth about vigilantes, can anyone form a good argument as to why this particular outcome in this particular situation doesn't at least *partially* validate the core idea that sometimes vigilantes are needed?

    Or alternately, can anyone describe an alternate course of action that could be taken by the population to address this abridgement of rights *which has any chance of success*?

  16. Waaah by sl4shd0rk · · Score: 0

    Quit your bitching. Anonymous is standing up against oppression. Doesn't matter whether it's a Bus or a Bank the idea is the same.

    --
    Join the Slashcott! Feb 10 thru Feb 17!
  17. Phones aren't free. by Anonymous Coward · · Score: 1

    Where in the Constitution does it say you have a right to a phone?

    1. Re:Phones aren't free. by Travelsonic · · Score: 1

      That's NOT what's being argued, did you actually RTFA carefully?

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
  18. Yes, demonstrators ARE loony. But so is BART. by Noksagt · · Score: 1

    Why are people presenting the false dilemma of having either no cellular service or station/service interruptions?

    "Protesters" have zero right to vandalize websites or physical property, steal personally identifying information, or cause service disruptions. They should expect to be caught when CCTV and cell records are subpoenaed & should look forward to felony conspiracy charges.

    These demonstrators were doubly stupid because they alienated people who agreed with them. The transit union and mayor came out against the cell shutdown, as did many riders. Why infuriate those who agree with you? But just because the messengers are in the wrong does not mean their message is.

    BART is not a private company that can do whatever they please. The California Public Utilities Commission regulates BART, and BART is partially funded by taxes. The public (and the transit union) have been supportive of cell phone coverage due to the safety benefits they bring (this was particularly true after people learned of the cell use during 9/11). I'm unconvinced that cell shutdowns disrupt protesters so much that it is worth losing this piece of mind. Any communications disruption has real financial costs & nobody has shown the math that shows those costs were lower than alternative actions that could have been taken.

    BART receives $6.7M a year in telecommunications revenue ($2M from cell service). You take that away because you cut service & you have to make it up some how. That'd be a 2% fare hike (not including FCC-imposed penalties or fees for breaching the telecom contracts).

  19. Smart move by BART by pablodiazgutierrez · · Score: 1

    I'm not saying I agree with either side, but I have to say BART's strategy is clever. They're making regular citizens angry at the protesters that make them wait for hours to be able to go home by forcing the closure of the main 4 stations in San Francisco, hence hurting their cause.

  20. Who does the protests hurt most? by Anonymous Coward · · Score: 0

    Causing chaos during commuter hours, and preventing fathers and mothers from getting home to see their kids after a long day. Yeah, that'll stick it to BART. These protesters need to go get a job!

  21. Exactly by Anonymous Coward · · Score: 0

    And the people who video recorded police abuse - from the "accidental" shooting at BART station, cops making illegal seizure of cell phones in Miami, to cops in plainclothes arresting motorcyclists.....all those videos were uploaded AFTER the fact.

    Uploading videos or images OTA 10 seconds later vs. 2 hours later didn't diminish the public outrage. Furthermore, protesting near an active rail is pretty dangerous. It's like trying to justify protesting in an 8-lane highway with the 1st amendment.

    From NPR:

    "The important thing here is that BART was limiting cellphone service on its own property, and property that the Supreme Court has before labeled as what is called a nonpublic forum," Volokh says. "It's not a park, it's not a sidewalk, [it's] not a place that's traditionally been devoted to public expression."

    1. Re:Exactly by wcrowe · · Score: 1

      Okay, but there are two issues here: protesting and blocking cell service. It sounds like the argument is, "Protesting on the platform is dangerous, so we are going to block cell service." I'm trying to understand how blocking cell service keeps people from protesting, or makes the protest safer. It might keep people from texting, "Hey, come join our protest," but if the protest is organized outside the BART station, I don't see how blocking cell service prevents the protest from taking place, or makes the protest venue more safe.

      --
      Proverbs 21:19
  22. Dealing with crazies by Animats · · Score: 1

    San Francisco has a lot of crazies, and sorting out the harmless ones from the dangerous ones is hard. Here's one case. A guy in a wheelchair was slashing the tires of city vehicles with a rock. He was apparently shot by cops with a beanbag gun, and he and one cop were taken to a hospital with non-lethal injuries. There's video from someone across the street. Excessive force? Perhaps, but subduing someone with a sharp object without getting cut is very tough.

    Here's another case, of a known mentally ill woman shot in her home after threatening a social worker. This probably was excessive force; the cops could have waited for backup from the guys in heavier protective gear.

    Here's the aftermath of the shooting the protests are about. This doesn't seem to have been a crazy, but a parolee from Portland who ran from cops after trying to ride a bus for free and being caught at it. Whether he had a gun remains an open question.

    The SFPD is at best a mediocre department. NY and LA have really tried to clean up their act, but SF hasn't.

  23. BART Managers and Rent-a-Cops by Anonymous Coward · · Score: 0

    The conflagrations of the last 48-hours shows that BART Managers are guilty.

    Such guilt.

    Disabling cell-phone communication so to enable "BART Police" to bludgon, mame and kill (murder) San Francisco residents is treaon.

    Residents of San Fransicso need to mass at the residences of the BART, its Security (Blackwater) Officials homes and the Mayor of San Francisco, and burn them down ... kill them all.

    A Game of Thrones.

    --//++

  24. That was ingenius by Anonymous Coward · · Score: 0

    Bart closes stations and creates rush hour turmoil, disrupting *everyones' lives* Way to go Bart. Way to go pROTesters. What about the people who are happy without cell phones? What did they get?