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    SF transit blocks cellphones to disrupt protest

    SAN FRANCISCO (AP) — A decision by San Francisco Bay Area transit officials to cut off cell phone service at some of its stations to thwart a planned protest drew angry response Saturday from one transit board member who said she was shocked that officials acted as "this type of censor."

    Bay Area Rapid Transit officials have said they shut down power Thursday evening to cellular towers for stations stretching from downtown to the San Francisco's airport after learning protesters planned to use mobile devices to coordinate its demonstration.

    "I'm just shocked that they didn't think about the implications of this. We really don't have the right to be this type of censor," said Lynette Sweet, who serves on BART board. "In my opinion, we've let the actions of a few people affect everybody. And that's not fair."

    BART Deputy Police Chief Benson Fairow on Friday told KTVU-TV that the agency decided to turn off underground cell service because it received reports that a rowdy group that had protested in July had similar plans.

    "It all boils down to the safety of the public," Fairow said. "It wasn't a decision made lightly. This wasn't about free speech. It was about safety."

    To some, BART's tactic drew comparisons to those of former president of Egypt to squelch protests demanding an end to his authoritarian rule. Authorities there cut Internet and cellphone services in the country for days earlier this year.

    "BART officials are showing themselves to be of a mind with the former president of Egypt, Hosni Mubarak," the Electronic Frontier Foundation said on its website.

    Michael Risher, the American Civil Liberty Union's Northern California staff attorney wrote in blog: "The government shouldn't be in the business of cutting off the free flow of information. Shutting down access to mobile phones is the wrong response to political protests, whether it's halfway around the world or right here in San Francisco."

    The ACLU already has a scheduled meeting with BART Police Chief Kenton Rainey on Monday over other issues and Thursday's incident will added to the agenda, spokeswoman Rebecca Farmer said Saturday.

    Yet others said while the phone shut-down was worth examining, it may not have impinged on First Amendment rights. Gene Policinski, executive director of the First Amendment Center, a nonprofit educational organization, said freedom of expression can be limited in very narrow circumstances if there is an immediate threat to public safety.

    "An agency like BART has to be held to a very high standard," he said. "First of all, it has to be an immediate threat, not just the mere supposition that there might be one. And I think the response has to be what a court would consider reasonable, so it has to be the minimum amount of restraint on free expression."

    He said if BART's actions are challenged, a court may look more favorably on what it did if expression was limited on a narrow basis for a specific area and time frame, instead of "just indiscriminately closing down cell phone service throughout the system or for a broad area."

    BART officials were confident the cellphone disruptions were legal. It said in a statement that it's illegal to demonstrate on the platform or aboard the trains, and that it has set aside special areas for demonstrations.

    "We had a commute that was safe and without disruption," BART spokesman Jim Allison said Friday.

    The demonstrators were going to hold a second protest over the fatal shooting of Charles Blair Hill by BART police on July 3 at the Civic Center/UN Plaza station in San Francisco. Hill was shot in the torso by officers responding to reports of a "wobbly drunk" The officers claim Hill came at them with a knife.

    Several protesters were taken into custody after a demonstration on July 11 disrupted service during the rush-hour commute and prompted the closing of BART's Civic Center station.

    BART has been battling image problems after a white officer fatally shot an unarmed black passenger on New Year's Day 2009 at an Oakland train station that led to violent protests.

    ___

    Associated Press reporter Tom Murphy in Indianapolis contributed

     

    761 comments

    • Matt  •  9 mths ago
      Why don't they turn off the service at prisons as well as the wifi? Oh wait, that would fix the cell phone problem in Caifornia's State Penitentiary...
      • Cereal Killa 9 mths ago
        Federal law prohibits them from shutting down cell phone signals in prisons, stupid but true. All the guards can do is keep doing searches and taking away all cell phones they find until the law changes.
      • grim 9 mths ago
        Actually, I don't think there is a Federal Mandate to provide coverage to prisons.

        That aside, it would be a simple arrangement for the mobile operators to retain coverage for 911 only and also restrict usage just to the phone numbers of the wardens and the COs.
    • K Valentine  •  9 mths ago
      I wonder if they can do the same for movie theaters.
      • Rabbit 9 mths ago
        What? Shut down all cell towers around every movie theater?
      • K Valentine 9 mths ago
        If it keeps brats from using their phones during the movie, sure.
      • Anon 9 mths ago
        Lead line the roof/walls.
    • Zarquon  •  9 mths ago
      There are a lot of people here who seem to have any idea how anything was ever done pre-cellphone.
      • Semper Fi! 9 mths ago
        Exactly so. Poor, poor babies unable to live without their cellphones. As a Brooklynite, I have no sympathy for Friscans. Cellphones don't work in our subways and we get along. These California pussies can go use a payphone, then.
      • grim 9 mths ago
        I presume you mean that they *don't* have any idea how things were done pre-cell phone...
        And yes, you're right. Bear in mind that kids entering college today have been exposed to cell-phones all of their lives (which might explain some things...)
        Although they can be annoying (and sometimes deadly), overall, I'd have to say that they have increased our quality of life.
    • Jaime  •  9 mths ago
      Wow so you're telling me that these people actually had a quiet ride for once?
    • Stan  •  9 mths ago
      Just a quick question that requires a simple "yes" or "no": Could the protestors still protest despite not having cell phone service?
      • Someone 9 mths ago
        Yes.

        To elaborate, the taking down of the towers was done in vain, therefore pointless, and could have cost someone their life if they needed 911 to be called immediately.
      • A Yahoo! User 9 mths ago
        No, because there were no protestors in the first place.
      • kelectra 9 mths ago
        As I saw this, it looks like it is not legal to protest there. The reality is, the BART folks were doing what was necessary to preserve peace. It apparently shut down the system in July and during rush hour. I know here in FL, when we have issues during rush hour, no one is happy. I can't imagine being trapped underground on a train with a bunch of people yelling and dancing around.
    • THORS HAMMER  •  9 mths ago
      I wonder if they can block cell phone calls at movie theaters too!
    • Aron K  •  9 mths ago
      It is obvious that the cell towers used in the subway system are provided by the BART for customer convenience giving the BART the right to control these towers if they feel that using them in the manner in which the protestors had planned posed a threat to other passengers safety. Maybe BART should start charging people to use them like airports charge to use their Wifi. These spoiled ignorant people whining about this need to learn what it was like before cell phones and internet.
      • Dm C 9 mths ago
        though i disagree with this type of behavior by the police, i totaly agree with you. Bart owns the cell towers, bart can shut them down for no reason at all if they so choose. that falls under personal property which trumps free speach
      • Randy d 9 mths ago
        Please, don't confuse us with logic, or facts....
      • grim 9 mths ago
        I doubt that BART actually owns the towers (technically they're called radio base stations, but...). However BART almost certainly owns the property they sit on. The mobile operators (ATT and Verizon) rent/lease that property to put the equipment on.
        What I really wonder is if the lease contract allows BART to cut power to the radios. ATT and Verizon, etc have legal mandates to provide 911 service.
    • Eris  •  9 mths ago
      in NYC there has never been good cell coverage if there is any service at all in the subway. I can really care less. I can be without my phone for the 20-30 minutes of commute i have on the subway.
    • Bill's dad  •  9 mths ago
      "BART" is an acronym for Bay Area Rapid Transit. If they built one in Fresno, what would they call it?
    • Mr. Rich  •  9 mths ago
      If the cell towers or cell boosters are the property of BART or if BART is supplying the electricity to these towers as a convenience to it's customers but not receiving direct compensation for this service, then BART is not required to supply this service if they don't want to.
    • Mike  •  9 mths ago
      Im not from SF but the article implies that BART owns the communication towers it shut down. If they are a private for profit company then the issue has nothing to do with civil rights. The issue would then be whether cell phone service is advertised as included with the standard service received in exchange for the fares paid. In that case customers may be due a refund or partial refund. Even if they are Govt subsidized this is still NOT a civil rights issue. I think WAY too many people are lumping access to modern technological conveniences with civil rights. I am sorry to inform you that "I couldn't use my cellphone" is absolutely NOT a civil rights violation.
    • micah  •  9 mths ago
      There is a simple solution to all of this....if you dont like what BART did with their cell phone towers, then dont ride BART. Cell phones are not a right they are a privelege and to actually have service underground is a bonus that BART provides to its passengers. If BART feels that they need to turn off THEIR towers then they have every right to do so. Same as ATT, Verizon, Sprint has the right to turn off your phone when you dont pay your bill. You dont pay for these towers inside the BART tunnels so you have no say on whether they work or not.
    • Anonymous Zippy  •  9 mths ago
      These cellphones are out of control. I have literally been in the restroom and seen people talking on the cellphone in the stalls OR urinal...HOW LONELY do you have to be to not even be able to take a #$%$ without chatting..
    • Rebecca  •  9 mths ago
      I’m not from San Francisco so I don’t know anything about the “free speech area” that some are commenting about, that said, it doesn’t matter. The question was whether or not there was a REAL threat to public safety or whether the authorities just didn’t want to have to deal with a protest. Freedom of speech isn’t something that can be thrown aside because someone doesn’t like what is said, (as we can obviously see here), it is a check on those in power.
      If we are not to have the freedom to express all ideas then who gets to decide whose opinion IS valid? I know that I have NO trust in you people to decide that for me. If we start shutting down certain modes of communication for ALL people because of a FEW people, without an honest threat to A LOT of people, when do we stop?
      It’s YOUR job to keep all our rights safe from those with the power to take them away. It’s much easier to deal with a large number of people when you can shoot/imprison/shut down those that “create a problem” for you and your group of followers.
      And don’t forget that that same Bill of Rights that gives you the RIGHT of freedom of speech also gives THEM the right of assembly and peaceful protest. I read nowhere in the article that the protesters intended to “commit a crime” or cause an imminent threat to the public safety.
      And what the hell do the liberals have to do with it anyway? It was the founding fathers of this country that created these rights for us to avoid the totalitarianism in our country that they faced. It’s not a “liberal” or “left-wing enemies” thing it’s the basis for our whole country. If that’s being a liberal then what the heck do the conservatives stand for, martial law?
    • M  •  9 mths ago
      Since when cell service is a right ?
    • George33  •  9 mths ago
      Was this a planned protest or was it a riot. Protest bring attention to problems that need to be changed. Riots happen when things get violent. If your rights to Protest are taken away, it makes everyone just a bunch of sheep.
    • Jo  •  9 mths ago
      And ... this was really very irresponsible. Just shutting down the power to the cell sites? That means any emergency calls would be shut off as well. At the very least, they could have gone with a court mandate to the providers to shut off regular customers, but keep the network active for emergency services. I hope that there will be a federal investigation into this, some people really went way beyond their powers. My opinion.
    • Slomo76  •  9 mths ago
      Seriously, the original poster doesn't even mention what they were protesting about?
    • Gregory  •  9 mths ago
      Since BART has to provide public transit first and foremost, I believe the temporary shut down of cell service on the trains based on the information that a large demonstration that had a high probability of becoming violent just like London was an immeadiate threat, they were well with in their rights to do so. To those who wonder what if an emergency had happened, all of the trains have radios with which they are in contact with the load dispatchers to summon EMTs where and when needed. Lets us look at it from the perspective of if they did not provide for safety of the pasengers, what would all of the critics say then?
    • chelle  •  9 mths ago
      I would consider them shutting down the towers on their property to be a nonlethal way of diffusing this situation, in which many more people could have died or been injured, including passengers who were just trying to commute and not be held hostage to this protest. Your right to swing your arm ends at my face. You do not have the right to organize a riot and call it free speech.
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