(The Associated Press circulated the following article by Wayne Parry on May 17.)
NEWARK, N.J. — Under fire from civil liberties advocates about its treatment of homeless people, and facing a lawsuit from a homeless man over access to its facilities, NJ Transit is proposing new rules that would limit areas of train and bus stations to passengers holding tickets.
But proposed changes to the transit agency’s code of conduct would guarantee that people without tickets could use other areas of its facilities.
The changes come as a result of concerns raised last fall by the American Civil Liberties Union about homeless people being ejected from NJ Transit facilities. The new rules are designed to ensure that everyone is treated equally at NJ Transit facilities, spokeswoman Lynn Bowersox said.
“It specifies what you can and can’t do in the system, regardless of who you are,” she said. “This is not just applied to one group of people.”
The biggest change permits NJ Transit to designate certain areas as “passenger-only” or “fare-paid” zones. Although the rules, due to be adopted over the summer, do not spell out which areas would be restricted, Bowersox said they would likely include waiting rooms and train platforms.
Other areas of stations, including corridors, shops and restaurants, would continue to be open to anyone, regardless of whether they have a ticket.
“We are generally satisfied with this,” said Edward Barocas, the ACLU’s legal director. “There will have to be continued vigilance as to how this policy is applied. But clearly they have made an effort to ensure that all people are treated equally.”
Richard Kreimer, a homeless man who is suing NJ Transit in federal court over being ejected from train stations, said the new rules are not enough to get him to drop his lawsuit. He said the agency will use the new rules to further crack down on homeless people.
“The key question will be do they apply this evenly?” he said. “Will the senior citizen in the Summit train station reading a book be able to continue while the homeless person sitting on a bench has to go?”
A section of the proposed changes says the agency must treat everyone equally.
“All facilities will impose the same requirements on the public, making application of standards uniform throughout the state,” it reads.
The new code also retains language prohibiting anyone from blocking passageways, lying down on seats or floors, spitting, and using bathrooms or other areas “for activities generally conducted in one’s home or residence.”
It defines public areas as “portions of NJ Transit facilities and equipment which are routinely and normally accessible to members of the public and are adapted to provide for the convenience of persons utilizing the incidental services of NJ Transit.”
That includes restaurants and stores inside stations, Bowersox said. If a homeless person, or anyone else, for that matter, wanted to enter a station and use those facilities, they would be permitted to do so.
The rules do not impose time limits on how long someone can stay.
NJ Transit has been training its employees on the new code.
The agency is accepting public comments on the proposed changes until July 1. After that, the new code will go before NJ Transit directors for a vote, and then will be sent to the state Office of Administrative Law for final implementation, NJ Transit spokesman Dan Stessel said.