Metro is no longer considering a proposal to ban people from the system who were arrested on suspicion of sex crimes or found to be carrying a dangerous weapon, Metro Board Chairman Paul C. Smedberg said Thursday.
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The proposal had been scheduled for a Metro board vote this month, prompting more than 100 letters or messages to board members — mostly against the proposal — and protests at Metro stations and in front of a board member’s house.
The proposed ban would have allowed Metro Transit Police to immediately suspend people from stations, trains and buses who had been arrested on the transit system’s property on suspicion of committing a sex offense or a crime involving a firearm. A first offense would have triggered a 14-day ban, with 30 days for second offenses, and a year for a third offense.
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Opponents said the policy could be abused by Metro Transit Police, which in recent years has been accused by District residents and D.C. Council members of disproportionately targeting Black customers, using excessive force and arresting people to reach job performance quotas. Transit police have acknowledged the perception and have been working with union representatives to reform evaluation practices, hire more people of color and women, and enact other practices aimed at combating the perception of racial bias.
Metro Transit Police propose ban on passengers arrested for a sex or firearms offense
Civil rights groups such as the American Civil Liberties Union of the District of Columbia said the ban could take away some residents’ only form of transportation without due process. Suspensions could be appealed, but critics noted that an appeals hearing or ruling would occur well after the ban.
Former Metro Transit police chief Ronald A. Pavlik Jr., who retired this month, said in July that the policy would help officers combat a surge in indecent exposure incidents, which he said often are committed by repeat offenders who frequently are released quickly after an arrest.
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According to Metro records, 89 incidents of indecent exposure were reported to transit police from January through the end of June, which is more than double the number during the same period in 2019. In 2020, 149 cases of indecent exposure were reported — 11 more than in all of 2019, despite a significant drop in ridership because of the coronavirus pandemic.
Pavlik also said the ban would not be enforced, which would allow suspended people to continue using transit unless caught recommitting a sex crime. Police would then issue a trespassing violation, which authorities hoped would deter repeat offenders from entering the transit system.
Smedberg did not say why the board decided against voting on the proposed ban. He said the transit agency will “monitor the effectiveness” of similar bans across the country before deciding whether to take up the matter again.
Other transit agencies that suspend or ban people accused of crimes include the Los Angeles County Metropolitan Transportation Authority, Bay Area Rapid Transit, the Chicago Transit Authority, Dallas Area Rapid Transit and the Metropolitan Atlanta Rapid Transit Authority.