For Brandy Nevels, it was the time a passenger started smoking a cigarette on the MARTA train and then cursed out another rider who admonished him.
For Andre Gordon, it was when a panhandler begged for money on a crowded West End station train platform.
For Clayton Sullivan, it was when a teenager entered the train at Lindbergh Center with a hip-hop song blaring from his phone “full blast, without headphones or anything.”
Most MARTA riders can tell a story about a time another passenger’s rude or unruly behavior made them squirm. But the MARTA Board last week took steps to change that when they approved a new customer code of conduct that will take effect Nov. 9.
The rules, while welcomed by most passengers, have drawn criticism from the ACLU, which says the policy gives police too much discretion.
According to the “Ride with Respect” rules, anyone who smokes, drinks, eats, begs, spits, litters, tries to sell goods or services, threatens other passengers or plays loud music would be subject to a suspension from the system lasting anywhere from a few days up to a year. In cases involving physical harm to another person, the MARTA Board could even impose a lifetime ban.
A person who receives a notice of suspension has five days to file an appeal, which would be weighed by a five-member panel of MARTA executives.
Keith Parker, MARTA's general manager, has been making the rounds to local business and community groups to drum up support and collect feedback on the code of conduct. Last month, the plan was greeted warmly at the Buckhead Business Association, the West End Merchant's Association and Stand-Up Alliance.
However, Chad Brock, a staff attorney for the ACLU of Georgia, voiced concerns about depriving people of the fundamental need for transportation to school, work and government services. MARTA should issue warnings for a first instance of bad behavior before it bans riders, Brock said.
MARTA officials have said that in some cases, warnings will be issued instead of suspensions, but Brock said that proviso appears nowhere in writing.
Brock also believes there is potential for some passengers to be unfairly singled out because MARTA police have so much discretion. Although he stopped short of saying the code could cause racial profiling, he said the ACLU will be closely monitoring which passengers are cited and for what offenses as the policy is implemented.
“There could be potential for some seemingly arbitrary decisions where riders on certain buses are more harshly disciplined than other riders,” Brock said.
Parker said that the goal of the code of conduct is not to prompt a mass of arrests or suspensions. It’s an effort to hold riders accountable for “uncivil behaviors” and to help all customers have a more pleasant experience.
For Gordon, the 40-year-old rider from Smyrna, the crackdown on knucklehead behavior is a no-brainer.
“People are trying to get on with their business, whether it’s school or work or whatever,” Gordon said. “They don’t need to deal with that.”
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