Foster refused to cooperate with the officer, wondering why he was chosen just to enjoy breakfast. Subsequent reports indicate that the officer was searching for a drunk person when he discovered Foster, according to KTVU. As the situation escalated, Foster became angry at the officer who told him he was being held for refusing to provide law enforcement with his identity.
The officer grabbed Foster’s bag as he threatened the prison occupants, much to Foster’s dismay. When Foster began resisting arrest and insulting the officer, he handcuffed him.
News of Foster being handcuffed for eating a breakfast sandwich has caused a lot of annoyance from the passengers. Although there are several signs near the platform informing passengers that eating is prohibited in the area, most view the officer’s actions as excessive and unnecessary. The riders were so upset by the officer’s actions that they staged protests and “eat” on the podium according to ABC7.
After the public backlash, BART’s general manager Bob Powers issued a press release according to ABC7 apologizing to Foster. Although Powers notes that eating is prohibited on BART stands because it ensures the stations are clean, Powers believes the officer acted inappropriately in the face of such a minor infraction. Powers also apologized to anyone who was offended by the officer’s behavior.
Apologies though, it looks like it might be too late. Shortly after the incident, Foster hired civil rights attorney John Burris to represent him in a racial discrimination lawsuit against Bart. “I’m not going to jail because I’m eating a sandwich […],” Foster told ABC7. So far, neither Bowers nor any other BART official has responded to Foster’s claim of discrimination.
