(Editor’s note: You all know Todd, right? Welcome to Santa Monica Next!)
Consequences may finally be coming for ill-behaved Big Blue Bus (BBB) riders.
On Tuesday evening, the Santa Monica City Council preliminarily approved an ordinance that would establish a means to issue prohibition orders preventing disruptive BBB passengers from using the transit system. (Agenda, Item 10a)
Following regular complaints from BBB drivers – professionally known as Motor Coach Operators (MCOs) – State Senator Ben Allen authored Senate Bill (SB) 1417 to amend the Public Utilities Code (PUC) to add the Santa Monica Department of Transportation (DOT) to a list of transit agencies with the authority to issue prohibition orders to certain bus riders.
According to a city staff report, they would be allowed to “exclude persons whose actions adversely impact the safety and security of Big Blue Bus workers and riders.” The prohibitions would extend for time periods based on “the nature and frequency of offenses committed.”
Specifically, a prohibition order will be issued for riders receiving three citations in a 90-day period for offenses such as willfully disturbing others, urination, or vandalism.
If a passenger is arrested for more serious offenses such as violence, lewd behavior, or selling or distributing drugs, they would receive an immediate 30-day prohibition order. That would escalate to 180 days if convicted of a misdemeanor and one full year if convicted of a felony.
Signed by Governor Gavin Newsom last August, SB 1417 also includes a provision establishing an Advisory Committee to evaluate how prohibition order procedures should be evaluated and enforced. It also asks that personnel issuing prohibition orders receive training established by the Advisory Committee. Per PUC guidelines, the Advisory Committee must have at least five members and include someone with expertise in psychiatric care, a youth advocate, and someone with a law enforcement background.
The law further calls for a robust public outreach program to inform riders that the prohibition order program is in place. The DOT will likely use the BBB Website, Santa Monica’s City Website, other written materials, and signage at bus stations and on buses to get the word out about the program.
As for enforcement, the DOT implemented a new Transit Safety Officer (TSO) program last March. The staff report states, “With the TSO program, unarmed contracted security guards ride onboard buses throughout BBB’s service area and are tasked with assisting customers, de-escalating situations, supporting MCOs, and educating the public about BBB’s Code of Conduct to ensure adherence.”
The DOT believes the TSO program will be a keystone to the program’s success, as buses will need an on-site presence with the authority to cite transgressions that may trigger prohibition orders.
Under PUC Code 99171, a set of administrative procedures guide the means of enforcement to ensure a violator is well-informed of the charge and grant them recourse to respond. Specifically, as stated in the code:
“Affording the person an opportunity to contest the transit district’s proposed action in accordance with procedures adopted by the transit district for this purpose.
- Providing notice of a prohibition order that includes a description of the conduct underlying the violation or violations giving rise to the prohibition order, the period of the proposed prohibition, and the scope of the prohibition.
- The notice shall include a clear and conspicuous statement indicating the procedure for contesting the prohibition order.
- The notice of prohibition order shall be personally served upon the violator.
- The procedures must include an administrative hearing process to contest a notice of prohibition order.
- The administrative hearing shall be conducted in accordance with written procedures established by the transit district. The hearing shall provide an independent, objective, fair, and impartial review of the prohibition order.”
Liseth Guizar, BBB’s Transit Safety and Training Manager, explained that this approach will not be the DOT’s first attempt to tame unruly bus riders.
“We tried restraining orders or ‘stay away orders,’ but we’ve been unsuccessful in doing that.” She also informed the city council that the prohibition orders will also apply to disruptive behavior at bus stations and bus stops.
She also described the steps of the prohibition order and how bus drivers would be able to identify prohibited passengers.
“We’ll issue a bulletin to our [motor coach] operators with a picture of the individual. It will also go to our supervisors and Transit Safety Officers. It will say the duration of the prohibition order and [provide] instructions for the operators at that time.”
Those instructions will not include confronting the individual or keeping them from boarding. The MCOs are insulated from enforcement. Their job will be to contact dispatch, who will then call in law enforcement.
With few questions and no discussion, the city council unanimously passed the first reading of the ordinance 7-0.
