A local push for safety on public transportation has led to a new bill signed by Gov. Gavin Newsom this past week.
The law, SB 1417, states that Santa Monica’s Department of Transportation is allowed to deny access to Big Blue Bus (BBB) services for those who are "routinely cited" for policy infractions, as well as those who have been arrested or convicted of a misdemeanor or felony committed on buses or transit facilities.
Going into law on Jan. 1, 2025, SB 1417 was authored by State Senator Ben Allen, who represents Santa Monica, and the City was a sponsor on the bill.
"A safe and reliable public transportation system allows a city and its residents the ability to operate efficiently and at a greater capacity," Allen said of the bill. "SB 1417 will be an important tool to reduce dangerous disturbances on Santa Monica’s Big Blue Bus to provide a safer and more enjoyable experience for riders."
A first prohibition order, issued after three infractions within a 90-day period, will be for 30 days. Subsequent prohibition orders for infractions, within one calendar year, would be 90 days for a second order and 180 days for a third. A misdemeanor conviction is its own 180-day prohibition, while a felony conviction would include a year’s ban.
Current law allows organizations like the Los Angeles County Metropolitan Transportation Authority (Metro) and the San Francisco Bay Area Rapid Transit District (BART) to issue prohibition orders. BART is the only such agency that has actually issued prohibitions in California, giving out 1,118 such orders from 2019-2022. About 30% of orders issued by BART in 2022 were for battery or threats against riders.
"This was a legislation that had existed previously, both LA Metro and then some agencies up north had the ability to issue prohibition orders, but we were not one of those initial agencies," said BBB Community Engagement Administrator Robert McCall. "And so at some point … we started seeing if we could reach out to Senator Allen’s office to get in (as) sponsors of legislation that would allow us to have the same privileges."
Despite the hefty number of orders in San Francisco, McCall added that he doesn’t see the program as something "that we will just kind of be heavy handed with."
"I think we want to take a very compassionate approach to the prohibition order," McCall said. "It’s something that we’re hopefully going to use in very rare cases if conduct rises to a level where it’s warranted."
Regardless, the new tool will work in conjunction with other BBB safety measures, such as this year’s rollout of the Transit Safety Officer program. Santa Monica Police Department Lieutenant Erika Aklufi said the security personnel "would be the first line of enforcement" for those violating the prohibition.
McCall added that since the law doesn’t take effect for a few months, BBB is still in the beginning stages of planning enforcement strategies, such as knowing how to tell which riders are under an order when they step onto a bus. Those under orders are still under some protection with SB 1417, as they will be allowed to use transit in order to make trips to work and other "places of necessity."
Decisions on things like how drivers will be able to tell which riders are on prohibition, and other enforcement topics, will be discussed in the coming months as the Department of Transportation forms a governing body to aid with administration and oversight.
A State Assembly Committee on Transportation hearing on the bill, which provided the BART prohibition data, also noted that Big Blue Bus operators reported "nearly 450" incidents of passenger disruptions in 2022 and 2023. This includes threats and assaults against bus drivers and other passengers.
"Instances of property damage have also occurred, including individuals kicking and punching bus doors, shattering windows and windshields, and breaking off windshield wipers and mirrors," transportation labor union SMART wrote in support of the bill.
On where BBB will draw the line on what constitutes an infraction, McCall stated the organization will "lean a lot heavily" on its code of conduct. Currently, the BBB code of conduct lists examples of disorderly conduct, such as:
- Carrying any explosives, flammable liquids or materials, or toxic and/or hazardous materials
- Spitting, urinating or defecating in a BBB vehicle or facility
- Inciting violence or posing a clear and present danger to others
- Engaging in and/or soliciting sexual or lewd conduct of any nature, including any wanted touching, sexual comments or sexual assault
- Defacing, vandalizing, or tampering with BBB property.
"We have the ability to kind of determine what specific actions do rise to that (infraction) level, and we’ll have to definitely take that (into account) as we move forward," McCall said.
Department of Transportation Director Anuj Gupta said he was "grateful" to Senator Allen "for addressing our concerns" over safety, and gave his thanks to Gov. Newsom for signing the bill.
"The use of prohibition orders gives us another tool to improve the safety and security of our customers and operators, and is part of our broader customer experience plan aimed at enhancing Big Blue Bus safety, convenience, and attractiveness, and advancing our commitment to a Clean & Safe Santa Monica," Gupta said.
