Black man cited for eating sandwich files racial profiling claim against BART

Word of the incident spread fast in and around the Bay Area and the next day, Saturday, Nov. 8, an eat-in was scheduled at the same Pleasant Hill BART station to protest the treatment of Foster. Regular BART patrons ate sandwiches inside the station and were accompanied by BART board of directors member Janice Li, who openly questioned the enforcement of the “no eating” policy, while eating her own sandwich.

Prior to the lawsuit claims, BART’s General Manager, Bob Powers, offered an apology to Foster via an official statement that read in part:


“Enforcement of infractions such as eating and drinking inside our paid area should not be used to prevent us from delivering on our mission to provide safe, reliable, and clean transportation.”

BART officials have 45 days to respond to the claim, whereafter, Foster will have the option to file a lawsuit if he does not find their response to his liking.


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