Press Release
CSS President/CEO and MTA Board Member David R. Jones Applauds DA Alvin Bragg’s Decision Not to Criminally Prosecute Fare Evasion
Manhattan District Attorney Alvin Bragg recently announced that his office would not criminally prosecute low-level crimes such as fare evasion, marijuana misdemeanors and prostitution. I applaud the DA for adopting this policy: prosecution should be reserved for violent crimes, which have been on the rise as of late in the city. Prosecuting fare evasion and other low-level crimes simply criminalizes poverty.
Those who are concerned that the DA’s decision will lead to a major escalation in fare evasion should be aware that there is a difference between “prosecution” of fare evasion as a criminal offense and “enforcement” of the MTA Rule of Conduct prohibiting fare evasion by the issuance of TAB summons (as opposed to criminal summons) and the collection of TAB fines.
CY Vance, the former Manhattan DA, greatly reduced the prosecution of subway fare evasion as a criminal offense in 2017. In that regard, DA Bragg’s recent policy announcement is not really something new for that office. However, Mr. Bragg has gone a step further than his predecessor by directing his staff not to prosecute individuals for fare evasion on subways or buses, period. This is a welcome directive.
But decisions by a DA to forego criminal prosecution of fare evasion does not diminish NYPD’s authority to issue TAB summonses. Even prior to 2017, roughly 75 percent of fare evaders were issued TAB summons rather than criminal summons.
Arresting and prosecuting individuals for fare evasion is a no-win situation. It does not appear to act as much of a deterrent and does not result in increased fare or fine collection. And – as Community Service Society research has shown – NYPD fare evasion enforcement has focused mostly on young people, primarily Black and brown men, who are saddled with indelible criminal records that can close doors to jobs, housing and full participation in the life of this City.
There will be blowback, but it should not deter DA Bragg. Cy Vance was immediately vilified for reducing fare evasion prosecutions with naysayers predicting the subways would morph into chaotic havens for criminals. They were wrong. And the 2019 launch of Fair Fares – the half-priced MetroCard program for New Yorkers at or below the poverty line – is making it possible for more low-income individuals to access the subway system and decreasing the need to jump the turnstile.
People should pay for the fare, especially in light of the MTA’s intent to enforce fare evasion through the issuance of civil summonses. Penalties for fare evasion are stiff – a fine of $100 for a $2.75 fare. But the real way to combat fare evasion is to make our transit system more affordable and accessible. DA Bragg is to be commended.