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Home > Bay Area Rapid Transit v. Protesters

Bay Area Rapid Transit v. Protesters [1]

Submitted by DMLP Staff on Fri, 09/02/2011 - 11:04

Summary

Threat Type: 

Police Activity

Date: 

08/11/2011

Status: 

Pending

Location: 

California

Verdict or Settlement Amount: 

N/A
According to SF Weekly, on July 3, 2011, a homeless man named Charles Hill was shot to death by police officers for the San Francisco Bay Area Rapid Transit District ("BART"). Two and a half years earlier, BART police used... read full description
Parties

Party Receiving Legal Threat: 

No Justice No Bart, Anonymous, other protesters

Type of Party: 

Government

Type of Party: 

Organization

Location of Party: 

  • California

Location of Party: 

  • California
Description

According to SF Weekly [2], on July 3, 2011, a homeless man named Charles Hill was shot to death by police officers for the San Francisco Bay Area Rapid Transit District ("BART"). Two and a half years earlier, BART police used lethal force against 22-year old Oscar Grant [3]. Both cases have lead activist groups to stage protests against BART and its police force.

On July 11, 2011, protesters with No Justice, No BART  [4] and other organizations staged a protest in the Civic Center Station, where Hill was shot. According to SF Gate [5], approximately 100 protesters attended and some blocked the doors of trains, leading BART to temporarily close the station.

According to a BART press release [6], BART and San Francisco police officers learned of a further protest planned for August 11, 2011 early in the week of August 8th. They believed that protesters were planning to coordinate protests at the station using cell phones, and in an attempt to disrupt that coordination shut down cellular service to specific stations in the BART system [7]. According to Scientific American [8], BART did this by disabling power to the cell phone and wireless network base stations it owned in the underground system. According to CBS San Francisco [9], the August 11th protest never materialized.

According to Mashable [10], web activist group Anonymous responded to BART's closure of cellular service by shutting down the consumer-relations website mybart.org on August 14, 2011, leading to the website's indefinite suspension [11]. Anonymous also organized further protests [12] on August 15, 2011, leading to additional station closures, though no reported cell phone service disruption.

The Bay Citizen reports [13] that the FCC is investigating BART's decision to disable cell phone service in the stations. On August 29, 2011, a group of public interest organizations led by Public Knowledge filed a petition for declaratory ruling [14] to the FCC, arguing that BART's actions violated the Communications Act of 1934.

Related Links: 

Justin Silverman, BART Phone Blackout: Did the S.F. Transit Agency Violate Free Speech Protections? (Part One [15] | Part Two [16]), CMLP Blog, Aug. 25-26, 2011.

Statement on Temporary Wireless Service Disruption in Select BART Stations on August 11 [7],  Bay Area Rapid Transit, Aug. 12, 2011.

Eugene Volokh, An Unusual (But Likely Constitutional) Speech Restriction [17], The Volokh Conspiracy,  Aug. 13, 2011.

Marvin Ammori, SF BART: Silencing Phones, Stifling Protests, Violating Freedom of Speech? [18], Balkinization, Aug, 12, 2011.

Letter to Kenton Rainey, BART Chief of Police [19], by Abdi Solanti, ACLU of Northern California, Aug. 15, 2011.

Melissa Bell, BART San Francisco cut cell services to avert protest [20], Washington Post BlogPost,  Aug. 12, 2011.

Details

Web Site(s) Involved: 

No Justice, No Bart [4] – http://nojusticenobart.blogspot.com/

Twitter Hastags "#opBART [21]" and "#MuBARTek"

Content Type: 

  • Audio
  • Video
  • Photo
  • Text

Publication Medium: 

Email
Forum
Social Network
Verbal

Subject Area: 

  • Access to Places
  • Censorship
  • Free Speech
  • Prior Restraints
  • Social Media
Court Information & Documents

Jurisdiction: 

  • California

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Source URL (modified on 08/20/2014 - 11:11pm): https://www.dmlp.org/threats/bay-area-rapid-transit-v-protesters

Links
[1] https://www.dmlp.org/threats/bay-area-rapid-transit-v-protesters
[2] http://blogs.sfweekly.com/thesnitch/2011/07/charles_hill_identified_as_man.php
[3] http://articles.cnn.com/2009-01-07/justice/BART.shooting_1_oscar-grant-johannes-mehserle-officer-s-attorney?_s=PM:CRIME
[4] http://nojusticenobart.blogspot.com/
[5] http://articles.sfgate.com/2011-07-13/bay-area/29767698_1_bart-police-bart-officers-oscar-grant
[6] http://www.bart.gov/news/articles/2011/news20110820.aspx
[7] http://www.bart.gov/news/articles/2011/news20110812.aspx
[8] http://www.scientificamerican.com/article.cfm?id=how-did-bart-kill-cellpho
[9] http://sanfrancisco.cbslocal.com/2011/08/11/phil-matier-planned-protest-at-bart-station-fails-to-materialize/
[10] http://mashable.com/2011/08/15/bart-anonymous-attack/
[11] http://www.bart.gov/news/articles/2011/news20110814a.aspx
[12] http://abclocal.go.com/kgo/story?section=news/local/san_francisco&id=8309840
[13] http://www.baycitizen.org/bart-police-shooting/story/feds-probe-barts-unprecedented-cell/
[14] http://www.publicknowledge.org/files/docs/publicinterestpetitionFCCBART.pdf
[15] https://www.dmlp.org/blog/2011/bart-phone-blackout-did-sf-transit-agency-violate-free-speech-protections
[16] https://www.dmlp.org/blog/2011/bart-phone-blackout-did-sf-transit-agency-violate-free-speech-protections-part-2
[17] http://volokh.com/2011/08/13/an-unusual-but-likely-constitutional-speech-restriction/
[18] http://balkin.blogspot.com/2011/08/sf-bart-silencing-phones-stifling.html
[19] http://www.aclunc.org/issues/technology/blog/asset_upload_file335_10381.pdf
[20] http://www.washingtonpost.com/blogs/blogpost/post/bart-san-francisco-cut-cell-services-to-avert-protest/2011/08/12/gIQAfLCgBJ_blog.html
[21] https://twitter.com/#!/search?q=%23OpBART