Tag: fare enforcement

Guest Contributor, Taxes, Transit

Is It Time for Free Transit?
Image of Metro’s Route 99, a free waterfront bus that ran until 2018, by Atomic Taco

By Katie Wilson

Last week, PubliCola reported a “surprising consensus” among Seattle mayoral candidates on the subject of free public transit. Jessyn Farrell, Lorena González and Andrew Grant Houston have all displayed enthusiasm for pursuing this vision, while Colleen Echohawk and Bruce Harrell have expressed more cautious interest.

During the COVID-19 pandemic, when local transit agencies stopped charging fare and implemented back-door boarding, transit riders who kept on riding got a taste of what a fare-free system might be like. No more fumbling for change, no tapping a card, just hop on the bus or the train. But even before the pandemic, free transit was having a moment.

On January 1, 2020, Intercity Transit, which serves Olympia and the rest of Thurston County, went fare-free. In the first month, ridership jumped up 20 percent. Bobby Karleton, a community organizer and daily bus rider in Olympia, noticed the change: “More people of color, elderly and disabled people and families with small children appear to be using the system,” he said. “For IT’s most impoverished riders—many who are homeless—free service means saving $1.25 every bus ride. That may not sound much, but it adds up.”

But even before the pandemic, free transit was having a moment.

Olympia wasn’t alone. In December 2019, Kansas City, Missouri became the first major U.S. city to dispense with fares. A few months earlier, Lawrence, Massachusetts began a two-year pilot. It was starting to look like a trend, but it wasn’t entirely new—in fact, the Pacific Northwest has long been something of a quiet national leader on free transit. A number of smaller cities and rural areas in Washington, Oregon and Idaho have operated fare-free systems for decades. Visiting Whidbey Island? Put away that wallet. Traveling around Mason County? Welcome aboard.

For Seattle, a city accustomed to being on the leading edge of progressive policy, this is all a little embarrassing. How could we let other parts of our own state—including some that vote Republican!—get so far out ahead? Why are many of us still paying $2.75 to stand, crammed in like sardines, on buses crawling down car-choked streets? Why do we submit to the indignity of fare inspections, with steep fines that punish poverty and disproportionately harm Black riders? In a global climate crisis, why are we still erecting barriers to choosing sustainable transportation? In short, when is fare-free transit coming to Seattle and King County?

Sadly, it’s not quite that simple — but it’s not an impossible dream, either. Let’s take a look.

The transit agencies that have recently hopped on the fare-free bandwagon all have one thing in common: They’re smaller systems, and their revenue from fares is small both absolutely and as a portion of their total budget. Kansas City had to scrape together a modest $9 million per year. In the case of Intercity Transit, fares covered less than 2 percent of operating costs, and the agency was facing an expensive upgrade to the ORCA card system. For some rural systems the calculus is even more extreme: The ancillary costs of collecting fares exceed the fare revenue itself. In both cities, fare-free just makes sense.

The notion that fare-free transit somehow pencils out without a massive infusion of new tax revenue is a pipe dream.

By contrast, in a large, dense urban system like ours, fares bring in real money. Pre-pandemic, farebox revenue covered about a quarter of the operating costs for King County Metro’s bus system. Metro’s annual haul from fares was somewhere in the neighborhood of $175 million. Sound Transit, which operates Link light rail, regional Express buses and the Sounder line, brought in another $100 million. While it’s true that collecting and enforcing fares also costs money—a 2018 audit found that Metro spent $1.7 million per year on fare enforcement, for example—the amounts simply aren’t comparable. The notion that fare-free transit somehow pencils out without a massive infusion of new tax revenue is a pipe dream.

That’s not the only challenge for fare-free transit. While it’s undeniable that the cost of fares is a hardship for many and a disincentive for many more, the bigger problem for most people—including those with low incomes—is the service itself. Public transit doesn’t come frequently enough or get people where they need to go fast enough. Buses and trains are overcrowded and don’t run at all times of the day and night. So even if the transit agencies found a quarter billion dollars on the doorstep every year, eliminating fares might not be the highest and best use of those funds—especially since people would respond to this change by riding still more, further increasing the demand for service.

Recognizing these realities, over the past decade community organizers, advocates and transit riders have taken a needs-based approach to fare-free transit. Through pressure and work with elected officials and agency staff, they’ve won and expanded a suite of reduced- or no-cost transit programs serving specific populations: the Human Services Ticket program, ORCA LIFT reduced fare program, Seattle Youth ORCA program, and, as of last fall, a no-cost annual transit pass program for people below 80 percent of the federal poverty level. I have been involved in all these efforts through my work with the Transit Riders Union. Continue reading “Is It Time for Free Transit?” →

Courts, criminal justice, Democratic Party, Drugs, legislature, Morning Fizz, Taxes, Transit, Uncategorized

Oly Fizz: Wealth Tax Dies, State Could Re-Criminalize Drug Possession, Sound Transit Gets Green Light to Fix Fare Enforcement

1. A proposed 1 percent tax on the wealth of 100 or so very rich Washington state residents is dead for this year. The cause of death: The House Appropriations Committee did not include the wealth tax (HB 1406) on this week’s committee agenda, which means the bill will not move forward. The bill had detractors in both parties and never advanced past the House, where it has languished since early April. The session ends next Sunday, April 25.

The chair of the House Appropriations Committee, Rep. Timm Ormsby (D-3, Spokane) said the committee was prioritizing bills that have gone through the legislative process. The committee is hearing only four Senate bills this week, including the cap-and-trade bill (SB 5126) and a bill addressing the State v. Blake decision, which effectively decriminalized simple drug possession in Washington state (SB 5476).

Tax reform bills arguably had a better chance of passing this year than any time in recent memory, with Democrats firmly in control of both houses and the pandemic exposing the economic gulf between the very wealthy and everyone else.

While legislators did pass some progressive legislation that had been in the works for years, including the working families tax exemption (HB 1297), and the capital gains tax (included in the budget), the wealth tax stalled.

Tax reform advocates say because the wealth tax is the first legislation of its kind in the nation, it will take some time before legislators start pushing the policy forward. “I don’t think that’s necessarily the best thing about the legislative process,” Misha Werschkul, executive director of the Washington State Budget and Policy Center, said. “If there’s a good idea, there’s no reason not to pass it the first year it’s introduced.” However, Werschkul and other advocates said they think the wealth tax has enough momentum to move faster than previous tax bills.

2. The House of Representatives is considering a bill that would re-establish a criminal penalty for drug possession in response to the state supreme court’s landmark ruling in February that effectively decriminalized drug possession.

In that decision, State of Washington v. Blake, the court ruled that Washington’s so-called “strict liability” drug possession laws—which made no distinction between intentional and unintentional drug possession—were incompatible with the due process rights enshrined in both the state and federal constitutions. The court’s decision rendered Washington’s existing drug possession laws toothless, sending lawmakers, prosecutors and attorneys statewide scrambling to adjust to the sudden end of decades of harsh drug policies.

In the legislature, a group of lawmakers saw an opportunity to cement de-criminalization in Washington law by rewriting the state’s drug possession statutes. Sen. Manka Dhingra (D-45, Bellevue) led the charge in the state senate, drafting a bill that would have removed all criminal penalties for possessing a “personal use amount” of an illegal drug—up to one gram of heroin or two grams of methamphetamine, for example. The bill also proposed a system in which law enforcement could pass the names and contact information of drug users to a “care coordinator,” who would then reach out to the drug user to offer treatment and recovery resources.

As the end of the legislative session approached, senate Democrats rushed to adjust the bill to reach an agreement with some of their Republican counterparts. The resulting amendments, Dhingra wrote in a press release last week, no longer reflected a “treatment-first approach” to drug use. Instead, the revised bill would impose a gross misdemeanor charge for drug possession—making no distinction between a “personal use amount” and larger quantities.

While the re-worked bill would require prosecutors to divert people charged with drug possession to addiction treatment for their first and second violations, it would grant prosecutors leeway to decide whether a person is eligible for treatment after their third violation, re-introducing the possibility of fines or jail time.

Dhingra, still listed as the bill’s sponsor, chose not to vote in support of her bill when it passed the senate last week. “I understand the importance of keeping a statewide policy response moving, and this compromise was the only way to do that,” she wrote in the press release. “Too many lives, especially Black and brown lives, will continue to be shattered by a criminal justice approach to what is fundamentally a public health problem.”

The legislation is now one of two bills written in response to the Blake decision before the House Appropriations Committee. The other, sponsored by Rep. Roger Goodman (D-45, Woodinville) and Rep. Tara Simmons (D-23, Bainbridge Island), would make possession of a “personal use amount” of illegal drugs a civil infraction.

3. Governor Jay Inslee signed legislation last week (HB 1301) that authorizes Sound Transit to create an “alternate fare enforcement system,” removing what the agency called the primary legal obstacle preventing it from decriminalizing fare nonpayment on buses and trains. Unlike King County Metro, Sound Transit has resisted calls to end its punitive approach to fare enforcement, arguing that a more lenient policy would lead to revenue loss as people realize they can get away with riding for free.

Under existing policy (which Sound Transit is not currently enforcing), people who fail to show proof of payment more than once in a year receive a ticket and $124 fine; if they fail to pay the fine, they can face criminal charges.

Advocates for low-income transit riders have long argued that this policy is too punitive and disproportionately impacts low-income people and people of color; in 2019; King County Metro revised its own, similar rules to take fare enforcement out of the courts and give riders multiple alternatives to paying fines. Sound Transit said it would like to consider decriminalizing fare enforcement, but its enabling legislation required the fines.

For the next year, as part of a pilot program aimed at testing out potential long-term changes, Sound Transit isn’t issuing citations and has replaced private security guards with “fare enforcement ambassadors” who work to educate people about how and when to pay their fare and how to access low-income ORCA cards, among other changes.

criminal justice, King County, legislature, Transit, Transportation

Legislation Eliminates One Objection to Sound Transit Fare Enforcement Reform
Image by SeattleDude via Wikimedia Commons

By Erica C. Barnett

Legislation that would make it easier for Sound Transit to adopt a fare enforcement system that does not involve the court or criminal justice system is coasting through the state senate after passing the house on a near-unanimous bipartisan vote.

House Bill 1301, originally sponsored by Rep. Joe Fitzgibbon (D-34, Seattle), gives Sound Transit the authority to create an “alternative fare enforcement system” that could include resolutions other than fines for people who fail to pay their fare. The state senate transportation committee voted unanimously on Tuesday to move the bill to the rules committee, the final step before a floor vote.

Sound Transit director Peter Rogoff and some Sound Transit board members have resisted reforming the agency’s fare enforcement procedures, arguing that removing penalties—which include steep fines that, if unpaid, can lead to criminal charges—would lead to revenue shortfalls as people simply stop paying fares. And although the agency has instituted some reforms in the wake of the pandemic, negative press, and data showing that fare enforcement disproportionately impacts Black riders, the changes it has made so far fall far short of King County Metro’s proactive approach, which focuses more on harm reduction and access than punishment and fines.

“There’s a law-and-order mentality that’s more pervasive in Sound Transit than at Metro, both among agency staff and the board.”—Transit Riders Union general secretary Katie Wilson

Advocates, who have pointed to King County Metro’s far-reaching fare reforms as a local best practice, have long been skeptical of the claim that Sound Transit is powerless to keep fare enforcement out of the court system, but say they’re happy to see the issue resolved beyond any doubt.

“They [Sound Transit] kept insisting that they couldn’t do what Metro was doing [to decriminalize fare nonpayment], and one of the excuses they started giving us was they were bound by Sound Transit’s authorizing legislation to use the court system for citations,” said Katie Wilson, general secretary of the Transit Riders Union. “So that’s what this legislation takes care of.” Continue reading “Legislation Eliminates One Objection to Sound Transit Fare Enforcement Reform” →

criminal justice, Equity, Mayor Durkan, Morning Fizz, State of Washington, Transit, Transportation

Afternoon Fizz, Part 2: Durkan Explains Odd Votes, City Funds Alternatives to Policing
The details of Sound Transit’s plan to lower fares on its Sounder commuter trains, which Mayor Jenny Durkan cast the lone vote against. 

1. Sound Transit’s full board voted unanimously on Thursday to approve a resolution updating the agency’s fare enforcement policies while keeping fare enforcement squarely within the courts and criminal justice system, after a dramatic discussion one week earlier, which PubliCola covered most recently here. 

Durkan, along with the rest of the board, voted for the fare enforcement motion, after noting that it was only a first step toward decriminalizing fare nonpayment entirely. 

Oddly, Durkan made exactly the opposite argument after casting the lone “no” vote on a proposal to lower fares for low-income, disabled, and elderly Sounder riders. Initially, Durkan cast the vote without comment, but revisited it several minutes later, saying that she wanted to clear up any confusion about why she voted against the fare reduction. (Her staff pays close attention to Twitter). “The reason I voted against that,” she said, “is, I believe that people should have free transit and not pay anything, and we should follow [the lead of] Seattle and give students and low-income people” access to free transit passes.

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Durkan has not proposed such a measure in her three years on the Sound Transit board. The reasoning Durkan gave for her vote also contradicts her own previous vote in favor of lowering fares on more widely used Sound Transit Express buses, as well as her vote in favor of the fare enforcement resolution just moments earlier, which she justified by saying, essentially, that the perfect should not be the enemy of the good.

Contacted after the vote, mayoral spokeswoman Kelsey Nyland said, “The Mayor believes that Sound Transit has the infrastructure and ability to make transit free for youth, low-income, older, and disabled riders, and she will continue to vote according to that belief and principle.”

2. During the same meeting, Durkan voted against an amendment to Sound Transit’s 2021 legislative agenda calling on legislators to “adopt legislation to base vehicle taxes on a more accurate and current value of a vehicle” for purposes of determining the Motor Vehicle Excise tax on which Sound Transit relies. Sound Transit’s valuation schedule was the subject of a lawsuit by vehicle owners who believe it unfairly overvalues more expensive, late-model used cars.

Durkan did not give the depreciation schedule as her reason for voting against the amendment—which county executive Dow Constantine voted for. Instead, she said she believes the MVET itself is inherently “regressive,” because many low-income people have no choice but to drive long distances to get to work, including those who commute to Sound Transit’s park and ride lots.

This claim that taxes on driving are inherently regressive has been made for decades, usually by people who have not owned a cheap used car for many years, if ever. Sound Transit’s valuation schedule may overvalue late-model used cars—the kind people buy for $30,000 at a dealer, for example—but it also appears to undervalue the older used cars that low-income people tend to actually drive. In this sense, it is actually a progressive tax—people who can afford to buy almost-new cars pay more, and those who buy 20-year-old cars for cash pay less. 

3. On Friday morning, the Seattle Office for Civil Rights (OCR) announced $1 million in grants for community organizations to “develop alternatives to and address the harms created by incarceration, policing, and other parts of the criminal legal system.”
Continue reading “Afternoon Fizz, Part 2: Durkan Explains Odd Votes, City Funds Alternatives to Policing” →

City Council, Economy, King County, Mayor Durkan, Morning Fizz, Transit, Transportation

Morning Fizz: Some Good Budget News, a Durkan Departure, and Putting Fare Evasion in Context

1. Last month, Sound Transit CEO Peter Rogoff scoffed at the suggestion that the regional transit agency should stop sending riders to court over unpaid fines for fare evasion, arguing that efforts by King County Metro to offer alternative dispute resolution options have been a failure. “Within King County, some 90 percent of [alternative resolution participants] never show up for their appointment and then nothing becomes of those cases, which is to say that there is no consequence for persistent violators in that circumstance,” Rogoff said.

Rogoff’s number is correct—of the 4,039 fare violations Metro recorded in 2019, 403 were resolved (meaning that the person either paid a fine directly to Metro, added money to their ORCA card in lieu of a fine, or used another alternative resolution route), according to Metro’s latest fare violation report, issued last April. However, that statement is missing some important context about the mission and purpose of transit. And it ignores the fact that a 10 percent resolution rate actually represents a significant improvement over the previous resolution rate of just 3 percent under the previous, punitive system, in which all unpaid fines went to court and collections.

Fare enforcement has been a contentious issue for Sound Transit, where failure to provide proof of payment to fare inspection officers can result in a $124 fine plus late fees, damage to credit, and even misdemeanor charges if a rider fails to pay their fine. The agency has agreed to make some changes to its policies, including new uniforms, clearer signage, additional warnings, and lower fines.

But they have resisted adopting alternative resolution options for people who can’t pay, arguing that this concession would reduce revenues as people realized there was no real penalty for nonpayment, raising costs to taxpayers and potentially impacting future capital projects or service. (For perspective, fare evasion cost Sound Transit, on net, around $550,000 last year.)

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The debate over fare evasion is really about the purpose of transit and the mission of transit agencies.

Metro spokesman Jeff Switzer says the agency’s fare enforcement policy isn’t primarily about fare revenue at all. In taking fare enforcement out of the court system and offering alternatives to fines, “Our goal was to decriminalize fare evasion and work to get fare resources into riders’ hands,” while “reducing and minimizing harm to people and not involving law enforcement,” he said. This goal is reflected in Metro’s fare enforcement mission statement: “to help minimize King County Metro Fare Enforcement Program’s contribution to negative outcomes for some of King County Metro’s most vulnerable riders.”

“Our goal was to decriminalize fare evasion and work to get fare resources into riders’ hands,” while “reducing and minimizing harm to people and not involving law enforcement.” — Metro spokesman Jeff Switzer

But even Sound Transit’s more conventional fare enforcement mission—”to understand the impacts of our current program and develop recommendations that provide an equitable and customer-focused experience, including safety for all riders and integrity of decision making, while ensuring strong financial stewardship of taxpayer dollars—is still compatible with adopting a more lenient fare enforcement policy. That’s because in reality, few riders on either system actually fail to pay their fare.

Historically, Metro has set a fare evasion target of no more than 5 percent; in 2019, actual fare evasion on routes where Metro deploys fare enforcement officers averaged 4 percent, down from 5 percent the previous year. If the argument for sending people to court for failure to pay a $3 fare rests on the argument that not doing so will lead to rampant fare evasion, Metro’s example is showing that, so far at least, this worst-case scenario has not come to pass.

2. The city council and Mayor Jenny Durkan got some good budget news for once on Monday, when the city budget office issued a new revenue forecast for 2020 and 2021 that adds $36 million to the city’s general fund in 2020 and $32.5 million in 2021. The CBO attributed the new, higher projections to increased sales and business and occupation (B&O) taxes between July and September, “driven by significant improvement in the national and regional economic forecasts, particularly employment, personal income and personal outlays.” Continue reading “Morning Fizz: Some Good Budget News, a Durkan Departure, and Putting Fare Evasion in Context” →

Economy, Equity, Guest Contributor, Transit, Transportation

Alex Hudson: The Path to a Just Transportation Recovery

By Alex Hudson

When the pandemic began and much of the world stopped moving, public transit carried on, connecting essential workers to jobs and people to food, health care, and other critical services. Bus drivers bravely continued working to get people where they needed to go, and adapted to help deliver food to seniors and patients to care. The COVID-19 pandemic has exposed a deep truth: public transit is, and always will be, essential.

There is worry that ridership is down now and won’t return. These fears are based on a return to pre-COVID levels of congestion and skyrocketing used car sales. But the risks of veering away from transit in a post-pandemic world are huge. If drivers get back in their cars exclusively, we’ll cut people off from opportunity and will be stuck in worse congestion than before, resulting in wasted time, more greenhouse gases and toxic pollutants that make our planet less livable, and hundreds of lives lost to preventable crashes.

The vision for public transit in a post-pandemic Puget Sound hasn’t changed: It must be fast, frequent, reliable and affordable. COVID-19 has simply underscored the urgency of addressing how we plan for and fund it. As we recover, the smart and most affordable investment we can make is in building a resilient and accessible public transit system that connects people to opportunities, creates good paying jobs, and supports our climate goals.

Here are three steps we can take to get there:

Invest in transit like it’s a key part of a just economic recovery—because it is. There can be no economic recovery without well-funded public transit. In Seattle, essential workers account for 33 percent of transit riders. These folks keep Seattle’s hospitals running, our grocery stores stocked, and provide social service, caretaking and education that all of us are depending on. In addition to getting people to their jobs, transit investments create good, green, family-wage jobs that last. An analysis of the 2009 stimulus package found that stimulus dollars spent on transit projects created more jobs than dollars spent building or maintaining highways. “To create the most jobs per dollar, invest in transit and maintenance,” the analysis concluded.

Transportation is a household’s second-highest cost, and the average household in King County spends more than $12,500 per year on their vehicles. In 2019, seven million Americans were at least three months behind on their car loans. As unemployment remains high and household finances are stretched to the breaking point, public transit is a desperately-needed affordable alternative to driving that millions of people across the country are counting on.

To keep our communities strong during this challenging economic climate, public transit must be centered in recovery plans and cannot be left out of the federal stimulus packages. All new COVID relief funding on the local, state, and federal levels must include investments for transit, teleliving, biking, walking, and rolling. To make sure this happens, we have to continue building strong coalitions across business, labor, environmental, and social justice advocates. We need everyone at the table.

Pay for it now, or pay the price later. Transit is a fundamental pillar of a functional economy, yet we have seen that the funding that keeps transit moving is fragile and overlooked at every level of government. TransitCenter estimates that across the country, transit agencies will see a $26 billion-$40 billion annual shortfall due to COVID. Declines in fare revenue, as well as the underlying supporting taxes, leave our agencies facing extreme budget shortfalls and elected leaders grappling with no easy choices.

Funding for transit in Washington has never been resilient or adequate. The 18th Amendment to our state Constitution restricts how we can spend transportation dollars. Rather than using gas tax money to create a more efficient and sustainable system overall, the state is forced to funnel money into highway projects, many of which only further pollution and congestion. This outdated restriction must be reconsidered—our social, economic and environmental future depends on it.

Washington lacks progressive revenue options for transit, and the passage of I-976 left local governments with even fewer tools. We need to move away from regressive, restrictive, and volatile sources of funding like the gas tax and replace them with sustainable and resilient funding options, like an equitably designed road user charge or congestion pricing and a statewide air quality surcharge. While working toward reform, we must continue to utilize the existing tools and support local transit ballot measures, starting by passing Seattle Proposition 1 and renewing the Seattle Transportation Benefit District, which funds transit investments in Seattle, for another six years.

Prioritize racial equity in our recovery plan and undue long standing disparities. The pandemic has exacerbated inequities that exist within and are caused by our transportation system. Black, Indigenous, and People of Color (BIPOC) experience disproportionate impacts through exposure to air and noise pollution caused by racist planning decisions which built traffic arterials and highways in their communities, lowering home values, separating communities, and increasing exposure to air and noise pollution and preventable traffic violence. Health disparities caused by exposure to air pollution, such as higher rates of asthma, have left BIPOC communities more vulnerable to contracting COVID. Creating an equitable transportation system is literally a matter of life or death for BIPOC communities in Washington. Continue reading “Alex Hudson: The Path to a Just Transportation Recovery” →

Affordability, Equity, Featured, Transit, Transportation

Sound Transit Considers Fare Enforcement Reforms, Touts Survey Suggesting Most “Fare Evaders” Could Afford to Pay

Sound Transit says this distribution of reasons riders said they failed to pay shows that “most riders are able to pay” their fares, which range from $2.25 to $5.75 for a one-way ride.

After a fare-checking incident on the first day of school led to widespread criticism of Sound Transit’s fare-enforcement policies, the agency said it would reconsider how it checks and enforces fare—just as soon as it could complete an in-person rider survey, an onboard rider survey, and a series of focus groups to determine what issues riders were most concerned about and the reasons people engage in “fare evasion” on Sound Transit trains. (“Fare evasion” is a term that suggests intent, or even theft, but it includes many situations where the “evasion” is unintentional, such as when a person buys an unlimited monthly pass but forgets to “tap” her card before boarding; hence the scare quotes)

For the onboard surveys, staffers shadowed fare enforcement officers until they caught someone without proof of payment, then gave them a survey about why they didn’t pay. The most common responses were that the rider forgot to tap their card, that their card didn’t work, or that they “couldn’t find where to tap.” This finding, according to the survey, “provides further support for the finding that most riders are able to pay but occasionally fail to do so for a myriad of reasons.”

The comment seems aimed squarely at advocates who have argued for free or reduced fares on the grounds that people who avoid fares typically do so because they can’t afford them. Those advocates expressed frustration last year after Sound Transit adopted a wait-and-see policy toward any changes to fare or fare enforcement, pointing out that a 2018 audit of King County Metro showed that a large number of riders who failed to pay did so because they couldn’t afford the fare. (In comparing the two surveys, it’s worth noting that Sound Transit’s survey included a bewildering array of 14 possible reasons for nonpayment, plus “other”—nearly twice as many options as King County Metro’s 2018 survey). If it turns out people could pay if they wanted to, but don’t, that would create a new bulwark against calls to make the system more affordable or accessible to low-income people.

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The on-board survey did find that people making between $0 and $50,000 were the least likely to pay, but the report doesn’t break that number down further, making it hard to draw conclusions about different groups within that broad income category. Currently, people making less than 200 percent of the poverty level, or about $25,000 for an individual, are eligible for discount fares through the ORCA Lift program.

The King County Auditor’s independent review of Metro’s fare enforcement policies led to changes such as reduced fines for fare evasion and the creation of new avenues to address fare evasion tickets, including enrollment in ORCA Lift. Sound Transit is considering similar changes, but has rejected proposals to make its service free, and has resolutely defended its fare-enforcement practice of checking all riders on each car for fare, despite the fact that this practice has still resulted in racially lopsided enforcement.

The agency released the results of the surveys and in-person sessions last week, and held a listening session to talk about some of the proposals that emerged from the process at El Centro de la Raza on Wednesday night. The meeting was unusual for a “roundtable” style public meeting in a couple of respects: First, agency staffers kept the initial presentation short. Second, participants got a chance to rotate among six different tables to discuss a total of three separate topics instead of just one. Finally, because the public comment came at the end of the meeting, after everyone had spent an hour throwing out ideas, it was actually informed by the discussion, rather than rehearsed and packaged in advance. Continue reading “Sound Transit Considers Fare Enforcement Reforms, Touts Survey Suggesting Most “Fare Evaders” Could Afford to Pay” →

Equity, Featured, Transit, Transportation

Free Transit Off the Table, Sound Transit Says, Defending Its Fare Enforcement Policies

Sound Transit staffers emphasized that the agency would not consider eliminating fares or fare enforcement in light of recent controversies about its fare enforcement policies, saying that “high fare payment rates and compliance rates” was key to the agency’s financial stability. (Sound Transit has a higher fare recovery rate than many other transit agencies, and fares from Link Light Rail totaled about $41 million last year.) The emphatic rejection of free fare came during a  “process update” on a recent rider survey about fare enforcement at the agency’s executive board meeting this morning. Staffers said they were still analyzing the survey results and couldn’t provide any details yet about the survey findings or how the agency plans to address the fact that black riders are far more likely to receive tickets for nonpayment than other groups.

Sound Transit often points to its method of checking riders—from the outside in, checking everyone on the car—as an inherently unbiased model because, in theory, it prevents fare officers from singling anybody out. The agency frequently displays a slide of a train marked with arrows to demonstrate the method during presentations on fare enforcement. They used the slide (below), for example, after advocates raised concerns that fare enforcement officers were intimidating kids on their way to their first day of school. That day, the agency issued (and later voided) more than a dozen formal warnings to kids under 18 for not presenting proof of payment—the precursor to a $124 fine. (Once you get a warning, it starts a 12-month clock; if you get caught without fare again in those 12 months, you get an automatic $124 ticket along with the potential for criminal charges if you fail to pay).

At the time, staffers cautioned behind the scenes that the issue advocates were raising about fare enforcement wasn’t the method officers used, but the outcomes for low-income people and people of color. At the public meeting this morning, however, they focused on the method. “This practice has been cited by Transit Center as a good practice for reducing potential discrimination and profiling in our fare enforcement interactions,” said Rhonda Carter, Sound Transit CEO Peter Rogoff’s chief of staff.

Committee vice chairman Paul Roberts asked whether Sound Transit had looked at other transit systems to see how they dealt with the fact that some people can’t pay their fare. Metro, for example, recently reduced fines for fare evasion, eliminated the possibility of criminal charges for nonpayment, and created multiple new avenues for addressing fare evasion tickets, including enrollment in the ORCA Lift low-income fare program. Carter responded that Sound Transit’s “practice for how we check fares is seen as a model for how to do this work equitably,” and that often, “other agencies will come to us” for advice on how to do it right.

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The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.
K

ing County Executive and Sound Transit board member Dow Constantine brought up a letter his office received from a parent whose daughter, a Seattle school student, had received two $124 tickets for “fare evasion” despite the fact that she has a free ORCA pass. Fare enforcement officers frequently give “evasion” tickets to people who have simply failed to properly “tap” their cards, have tapped twice, or didn’t tap at all but have fully paid free ORCA passes. Under Sound Transit policy, anyone who fails to show proof of payment four times is referred to the King County Prosecutor’s office for a misdemeanor criminal charge. Policy director Carrie Avila-Mooney said Sound Transit has suspended that policy temporarily while the review is ongoing.

Rogoff said he had responded directly to the child’s parents, “in part because we obviously had great empathy for the child who was very concerned about what happened, but more importantly, the parents really did come forward with some thoughtful proposals. A lot of people complain but have no thoughtful proposals. They really thought about it and, indeed, some of their ideas are on the list.” He did not specify which ones.

While reducing fare enforcement or eliminating fares is off the table, Sound Transit is considering a few other options to address disparity in fare enforcement, including “Expand[ing] and target[ing] communications and marketing about how to access and use valid fare media,” flipping the calendar on warnings at 6 months instead of 12, replacing Securitas fare enforcement officers with in-house staffers, and moving fare enforcement from the trains to station platforms. They’re also considering some of the policies Metro has already adopted, such as reducing fines and giving low-income people alternatives to fines or charges.

Sound Transit will hold an open house at El Centra de La Raza, 2524 16th Ave S, from 6-8 pm on February 19 to provide more information about the survey findings.

 

Featured, race, Transit, Transportation

Sound Transit Emails Show Agency Scrambling to Spin September Fare Enforcement Controversy

Last September, after activist and schoolteacher Jesse Hagopian posted a photo that appeared to show Sound Transit fare enforcement officers ticketing kids on the first day school, the transit agency went on the defensive. First, Sound Transit’s social media manager, Bruce Gray (who is white), issued a tone-deaf tweet suggesting that his kids had no issues with fare enforcement because they used the one-day paper passes distributed to parents before school started. (The passes gave every student a free ride to school, where they would pick up free ORCA transit passes through the new ORCA for All program.)

As the blowback continued, Sound Transit kept tweeting, explaining first that the agency’s fare enforcement officers were “not issuing formal warnings or citations,” then adding, in a more exasperated tone, that although “[n]o riders of any age are ever ticketed without getting a warning within the previous 12 months[,] today we are not even issuing the formal warnings to students.” The next day, Sound Transit CEO Peter Rogoff went further, saying in a statement that fare officers had been told to issue only “informal warnings,” which “were not recorded and will not affect the student’s enforcement record in the future.”

After a day of negative press, it’s understandable that the agency would want to set the record straight: No tickets, no warnings, no documentation.

However, documents obtained through a records request reveal that fare enforcement officers actually did issue more than a dozen formal warnings to school-aged kids throughout the day, including nine during and immediately before and after school hours. Moreover, there was considerable internal debate at Sound Transit over what “informal warnings” were (staffers appeared to be hearing the term for the first time as the story blew up), as well as pushback over Rogoff’s public response, which some within the agency appeared to regard as tone-deaf to concerns about the racial impact of fare enforcement.

Sound Transit issued more than a dozen formal warnings to kids on the first day of school despite insisting that fare enforcement officers were told to give only “informal warnings.” Formal warnings are the precursor to citations, which come with a $124 fine and the potential for a criminal record if the fine isn’t paid.

Sound Transit says a verbal notice went out to officers in the morning that they should not ticket or give warnings to students on the first day of school. However, it wasn’t until almost 2:30 in the afternoon‚ shortly before school let out, that fare enforcement manager Michael Patricelli sent an email to fare enforcement officers directing them to “simply educate … juveniles [without fare] and move on” rather than recording their information in Sound Transit’s system. “If you documented a warning or infraction for a juvenile today during school times (0600-1800/Sept. 4th) I need you to submit at void form stating ‘voiding juvenile contact per management,” Patricelli wrote.

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And it wasn’t until seven hours later, at 9:30 on the night of the September 4, that a Sound Transit staffer, Ann Snell McNeil, suggested that the agency start using the term “informal warning” to describe the warnings students received from fare fare enforcement officers that day. “[I] suggest adding reference to ‘informal warning’ when talking about the education effort and that the informal warning might have been mistaken for a formal warning [by riders]….since the same steps were taken by the FOE (ie, photographing the ID which could result in the perception by students of being entered into our tracking system),” McNeil wrote. The term elicited a confused response from Office of Equal Employment Opportunity director Jackie Martinez-Vasquez, who responded, “As I stated earlier, this is the first time I [have] hear[d] of this term/process.” Continue reading “Sound Transit Emails Show Agency Scrambling to Spin September Fare Enforcement Controversy” →

Affordability, campaign finance, City Council, Elections, Featured, Mayor Durkan, Transit

Confirming the Chamber’s Colossal Loss, the “Innovative Affordable Portal” That Suggested Low-Income Bus Passes for My Nonexistent Kids, and More

1. Seattle council member-elect Alex Pedersen, whose campaign received about $70,000 in independent backing from the Seattle Metro Chamber’s Civic Alliance for a Sound Economy PAC, has reportedly made his first hire—neighborhood activist and longtime anti-density crusader Toby Thaler. Thaler, a fixture on the Fremont Neighborhood Council, was a leader of SCALE, a group that spent two years appealing the Mandatory Housing Affordability on the grounds that increased density in the city’s urban villages would destroy neighborhood character, trample the neighborhood plans of the ’90s, and harm the environment.

Thaler has also argued against density on the grounds that development only benefits wealthy interests. Neither Thaler nor Pedersen returned emails seeking confirmation and comment.

The hire confirms the sheer magnitude of CASE’s defeat in the November 5 election. Not only did all but one other Chamber-backed candidate lose to a more progressive opponent (Debora Juarez, an incumbent whose opponent was a firebrand conservative, was the highly unusual exception), the one winner they backed, Pedersen, is more likely to align with the dread socialist Sawant on anti-development measures like impact fees than to vote the Chamber’s interests.

Pedersen is also opposed to the downtown streetcar, which CASE supports, referred to the Housing Affordability and Livability Agenda as a “backroom deal for real estate developer upzones,” and opposed the most recent Sound Transit ballot measure on the grounds that the “biggest businesses” should pay their “fair share.” Sound familiar?

2. Mayor Jenny Durkan’s office sent out a press release Thursday touting a new “Affordable Seattle” portal that will “Help Residents Easily Determine If They Qualify for City of Seattle Discount Programs.” (Believe it or not, that’s less wordy than a typical Durkan press release subject line). The portal, which replaces a website Durkan rolled out in 2018 in at the same URL, is the first project to come out of the mayor’s much-touted Innovation Advisory Council, a group of local tech leaders brought together the summer before last to suggest tech- and data-based approaches to addressing problems such as homelessness and traffic.

I went to the portal (created by Expedia), plugged in my income (above the qualifying income for any assistance programs other than homeownership help), my household size (one) and a Southeast Seattle ZIP code and pressed the button marked “find services.”

My children can’t take advantage of free bus fare because they don’t exist. I’m not low-income and I don’t own a car, so I don’t qualify for the low-income RPZ program, which isn’t available where I live anyway. And even if I did qualify for Comcast’s low-income discount (I don’t), the company doesn’t serve the ZIP code that I provided at the beginning of my search.

The next page, titled “Your Program Eligibility,” suggested I might be interested in four programs: A low-income restricted parking zone permit for my car; college assistance for the graduating high-school seniors in my household; a low-income Internet assistance program from Comcast; and the ORCA Opportunity program, which is open to middle- and high-school students as well as certain public housing residents. When I entered an income of $120,000 a year, I got the same results.

As a household of one, my children can’t take advantage of free bus fare because they don’t exist. I’m not low-income and I don’t own a car, so I don’t qualify for the low-income RPZ program. If I had qualified, additional links provided on internal pages inside the portal (one of which is broken) would have reminded me that the permits are limited to specific areas, and that my neighborhood is not among them. And even if I did qualify for Comcast’s low-income discount (I don’t), the company doesn’t serve the ZIP code that I provided at the beginning of my search.

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The C Is for Crank is supported entirely by generous contributions from readers like you. If you enjoy the breaking news, commentary, and deep dives on issues that matter to you, please support this work by donating a few bucks a month to keep this reader-supported, ad-free site going. Your $5, $10, and $20 monthly donations allow me to do this work as my full-time job, so please become a sustaining supporter now. If you don’t wish to become a monthly contributor, you can always make a one-time donation via PayPal, Venmo (Erica-Barnett-7) or by mailing your contribution to P.O. Box 14328, Seattle, WA 98104. Thank you for keeping The C Is for Crank going and growing. I’m truly grateful for your support.

I asked mayoral spokeswoman Kamaria Hightower why this portal—the very first deliverable from the IAC since it was announced to great fanfare well over a year ago—produced such unhelpful results.

Hightower says the system is programmed to tell everyone about all four of the programs recommended to me on the grounds that they might be eligible, and that it’s up to users to then follow the links to read more about the eligibility requirements for each individual program. Put a different way, it sounds like Expedia didn’t include income-based exclusions from certain programs, didn’t account for people who live alone (about 40 percent of all Seattle residents, as of the most recent American Community Survey), and didn’t bother linking services to the ZIP codes, much less street addresses, where they are actually available. They also don’t ask if users own a car, although several of the potential benefits are linked to car ownership. Continue reading “Confirming the Chamber’s Colossal Loss, the “Innovative Affordable Portal” That Suggested Low-Income Bus Passes for My Nonexistent Kids, and More” →