Cops on Public Transportation
I wrote a post about American moral panics about fare evasion two months ago, which was mirrored on Streetsblog. I made a mistake in that post that I’d like to correct – and yet the correction itself showcases something interesting about why there are armed police on trains. In talking about BART’s unique belts-and-suspenders system combining faregates with proof-of-payment fare inspections, I complained that BART uses armed police to conduct inspections, where the German-speaking world happily uses unarmed civilians. BART wrote me back to correct me – the inspections are done by unarmed civilians, called ambassadors. The armed cops on the trains are unrelated.
I’d have talked about my error earlier, but I got the correction at the end of November. The American Christmas season begins around Thanksgiving and ends after Sylvester, and in this period both labor productivity and news readership plummet; leave it to Americans to have five weeks a year of low productivity without giving workers those five weeks in vacation time. With that error out of the way – again, BART conducts inspections with unarmed ambassadors, not armed cops – it’s worth talking about why, then, there are armed cops on trains at all, and what it means for fare enforcement.
The answer to the “why armed cops on the train?” question is that among the broad American public, the police is popular. There are hefty differences by party identification, and in the Bay Area, the opinions of Republicans are mostly irrelevant, but even among Democrats; there are also hefty differences by race, but blacks are at their most anti-police divided on the issue. A Pew poll about trust in institutions asks a variety of questions about the police, none of which is “would you like to see more cops patrol the subway?”, but the crosstabs really don’t scream “no.” Vox cites a poll by Civis Analytics that directly asks about hiring more police officers, and even among black people the results are 60-18 in favor. In New York, NYPD Commissioner James O’Neill had positive net approval among all racial groups shortly before leaving office, the lowest rate being 43-28 among Hispanics.
The crosstabs only go so far, and it’s likely that among certain subgroups the police is much less popular, for example black millennials. It’s normal for a popular institution to still generate intense opposition from specific demographic, class-based, or ideological groups, and it’s even normal for a popular institution to be bad; I should know, Massachusetts’ Charlie Baker is one of America’s most popular governors and yet his do-nothing approach to infrastructure planning makes him unpopular at TransitMatters. But this doesn’t change the fact that, as a positive rather than normative statement, the police enjoys consensus support from the urban American public.
What this means is that there are cops on the subway in New York and on BART not because of an inherent necessity of the fare collection system, but because in the eyes of the people who run these systems, crime is a serious concern and having more cops around is the solution. Evidently, BART layers cops on top of two distinct fare enforcement mechanisms – fare barriers and the ambassadors. In New York, too, NYPD’s justification for arresting people for jumping the turnstiles is that a significant fraction of them have outstanding warrants (many of which are about low-level offenses like being behind on court payments).
I bring this up because there’s a growing argument on the American left that public transportation should be free because that way people won’t be arrested for fare-dodging. This argument slides in an assumption, all too common to socialists who are to the left of the mainline liberal or social democratic party, that there is a leftist majority among the public that is just waiting to be activated by a charismatic leader rejecting neoliberal or otherwise moderate political assumptions.
But in the real world, there is no such leftist majority. The median voter even in a very left-wing area like New York or San Francisco may not support the more violent aspects of tough-on-crime politics, but is mostly okay with more police presence. The average self-identified leftist may be more worried that having police patrols will lead to more brutality than that not having them will lead to more crime, but the average self-identified leftist is not the average voter even in the Bay Area.
In this reality, there are cops on the subway because a lot of people worry about crime on the subway and want to see more police presence. The cops themselves, who are well to the right of the average voter pretty much anywhere, may justify this in terms of fare beating, but what matters is what voters near the median think, and they worry about ordinary property and violent crime. Those worries may well be unfounded – for one, New York is very safe nowadays and has been getting steadily safer, so the recent binge of hiring more cops to patrol the subway is a waste of money – but so long as voters have them, there will be police patrols.
The upshot is twofold. First, fare enforcement and the politics of criminal justice have very little to do with each other. Cops patrol crowded public spaces that require payment to enter, like the subway, as they do crowded public spaces that do not, like city squares. If public transportation fares are abolished, cops will likely keep patrolling subway stations, just as they patrol pieces of transportation infrastructure that are fare-free, like the concourses of major train stations.
If the left succeeds in persuading more people that the police is hostile to their interests and the city is better off with less public police presence, then cops will not patrol either the subway or most city squares. In the future, this is not outside the realm of possibility – in fifteen years the popularity of same-sex marriage in the US went from about 2-to-1 against to 2-to-1 in favor, and the trend in other democracies is broadly similar. But in New York and San Francisco in 2020, this is not the situation.
And second, fare enforcement can be conducted with unarmed inspectors regardless of the political environment. Multiple Americans who express fear of crime have told me that inspections have to be done with armed police, because fare beaters are so dangerous they would never submit to an unarmed inspector. And yet, even in San Francisco, where a large fraction of the middle class is worried about being robbed, inspections are done without weapons.
I’ve recurrently told American cities to tear down the faregates. BART’s belts-and-suspenders fare enforcement is unnecessary, borne of a panic rather than of any calculation of costs and benefits to the system. But what BART should get rid of is not the ambassadors, but the faregates. The most successful transit city the rough size of San Francisco – Berlin – has no faregates and leaves most stations unstaffed to reduce costs. Berlin encourages compliance by making it easier to follow the law, for example by offering cheap monthly passes, rather than by hitting passengers in the face with head-level fare barriers.
If cops patrol the subway because most voters and most riders would prefer it this way, then there is no need to connect the politics of policing with the technical question of what the most efficient way to collect fares is. There is a clear best practice for the latter, and it does not involve faregates in a rapid transit system with fewer than multiple billions of annual riders. What the police does is a separate question, one that there is no reason to connect with how to raise money for good public transportation.
