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

BART train platform (Photo credit: Shutterstock / Sundry Photography)

Steve Foster, the California man who was famously detained and handcuffed for eating a sandwich on a Bay Area Rapid Transit (BART) station platform, is filing a civil rights claim against the transit agency, alleging racial profiling and selective law enforcement.

Foster acquired the services of a well-known Bay Area civil rights attorney, John Burris, who insists the Pleasant HIll BART station is not properly flagged with visible signs that discourage its riders from eating.

“This is a case in which the officers should have exercised common sense and de-escalation,� Burris said, according to the East Bay Times. “Unfortunately, Mr. Foster had to be embarrassed, humiliated, and handcuffed for doing something that everyone does on the platform every day.�

Video of Foster eating his sandwich and being detained by Officer D. McCormick, went viral last Friday, Nov. 8 and has gained over 4 million views since the incident was captured and shared via social media. The officer is seen holding Foster’s bag and repeatedly telling him that he will be arrested if he does not cooperate. A visibly frustrated Foster responds to the officer with a slew of vulgarities and a homophoic slur. Moments later, the man can be seen being ushered to the lower level of the platform, where he is subsequently taken into a private room and cited upon providing proper identification.

Click thru to see how BART’s top official handled the matter.

N. Ali Early

N. Ali Early

Copy Editor

I like to describe myself as a pen pro. I believe everything begins with the pen. To no fault of its own, this generation has turned in its pen for a keyboard, but the concept remains the same: Write from the heart… Write from the start.

0