Metro Wants To Ban Riders Arrested For Sex, Weapons Offenses

WASHINGTON, DC — Metro is proposing to update its passenger conduct rules that would temporarily ban bus and rail riders from the public transit system if they are arrested for certain crimes on Metro property.

The proposal would change Metro guidelines to allow temporary bans of people who are arrested for either sex-related crimes or crimes related to guns or other dangerous weapons.

The Washington Metropolitan Area Transit Authority board is expected to consider the rule change at its meeting on Thursday.

In its proposal, Metro said that over the past 18 months, it has seen an increase in sex offenses on the system, “including people exposing themselves.” Riders have reported more than double the number of sexual offenses during the COVID-19 pandemic than the system experienced in prior years, Metro said.

Anyone arrested for such crimes would be banned from the bus and rail system for 14 days after a first arrest, 30 days after a second arrest, and one year after a third arrest.

Due to a lack of consistent criminal and civil laws in Virginia, D.C. and Maryland, “to protect the safety and security of passengers, employees, and our assets, staff seeks Board approval to amend the passenger conduct rules in the WMATA Tariff on Ridership Rules and Guidelines,” Metro said in its proposal.

Under the proposal, people suspended from riding buses and trains could be arrested for trespassing if they are found on either system during their suspension period. The people under a temporary ban also would not be refunded for monthly or weekly passes they may have while on suspension.

People arrested for crimes on Metro are often released the same day and “return to the system often continuing the same offenses, causing safety concerns for customers and employees,” Metro argued in its proposal.

The ACLU of the District of Columbia is urging the WMATA board to reject the proposed changes.

“In our criminal legal system, people are innocent until proven guilty. If they vote for this, WMATA’s unelected board proposes to reverse that presumption and punish people based on accusations alone,” Nassim Moshiree, policy director for the ACLU of the District of Columbia, said in a statement Wednesday.

The ACLU said the proposed rule changes raise a lot of troubling questions. “What's the evidence this policy would serve as an effective deterrent or increase riders’ safety? What would enforcement look like? The criminal code varies for the three WMATA jurisdictions, and how would violators even be identified?” Moshiree asked.

The likely outcome of the policy would be more racially discriminatory stops and frisks and arrests by Metro Transit Police, an agency “already known for its excessive force tactics and overpolicing of Black and brown riders for minor offenses such a fare evasion or eating and drinking,” Moshiree said.

The proposal also raises due process concerns in stripping people of access to a critical public service they may need to attend court appearances or see a parole officer, the ACLU said.