By Zusha Elinson | October 19, 2011 4:52 p.m. | In BART Protests
BART would only interrupt its underground cell phone service in the "most extraordinary" circumstances under a new policy proposed by the transit agency.
Examples include the threat of a cell-phone-detonated bomb on the train, the use of cell phones to facilitate "violent criminal activity" like a hostage situation, and the use of cell phones to "substantially disrupt" train service or destroy property.
Under the new policy, BART would not shut off cell service to squelch a protest like it did on Aug. 11, officials said. That hasty decision spurred worldwide opprobrium and weeks of protests by people who accused BART of violating free speech rights.
The American Civil Liberties Union, which harshly criticized the cell phone shutdown, helped craft the new policy.
"I think it meets BART's needs and is quite protective of free spech rights, and should ensure that if a cell phone shutdown were to happen again it would only be in the most extraordinary circumstances," said Michael Risher, an ACLU lawyer.
The final decision to shut off cell service would be left to BART's general manger, Grace Crunican. She would have to determine not only that the situation was dire and dangerous, but also that shutting down the cell service would "substantially reduce" the illegal threat.
"You can't just flip a switch and instantly turn it off" under the new policy, said Bob Franklin, president of the BART board.
The board will take up the policy at its Oct. 27 meeting.
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