A California police officer handcuffed a black man for eating a sandwich while standing on a train platform in Walnut Creek, California.
Steve Foster, 31, was waiting on an outdoor train platform when he was confronted by a transit officer, who was identified by his uniform as D. McCormick, because he was eating a sandwich. The officer notified Foster that he was “being detained” and was not free to go because eating on metro trains is against the law in the California Bay Area.
“You singled me out, out of all these people,” Foster said, questioning the officer.
McCormick responded, “You’re eating. It’s against the law.”
Foster signaled his outrage with the situation, asking the officer, “So what?” before being told he was under arrest for eating near the train. Several bystanders expressed outrage with the situation, yelling at McCormick that Foster wasn’t even on the train and there were no signs alerting the public that eating on the platform was illegal.
“It’s a violation of California law. I have the right to detain you,” McCormick said, later adding, “You’re going to jail.”
“For eating a f—ing sandwich?” Foster asked in disbelief. McCormick claimed Foster was resisting arrest.
The altercation between McCormick and Foster took place last Monday and was posted to social media on Friday, with many claiming McCormick acted out of racial prejudice.
Cop stops Black man from eating a sandwich. So outrageous. #EatingWhileBlack pic.twitter.com/emO5XJGLRa
— Simran Jeet Singh (@SikhProf) November 10, 2019
McCormick requested backup, and three other officers arrived to handcuff and arrest Foster for his sandwich misdoings. The incident sparked outrage online, but BART stood by the officer’s decision.
We have confirmed w/ the Deputy Chief he was not arrested. He was cited for eating which is a violation of state law. No matter how you feel about eating on BART, the officer saw someone eating and asked him to stop, when he didn’t he was given a citation.
— SFBART (@SFBART) November 8, 2019
BART Board of Directors Vice President Rebecca Saltzman said the officer’s response to the situation is being investigated.
Janice Li, another member of BART’s board, addressed the public frustration with the situation, saying, “To see yet another young black man impacted by law enforcement like this is extremely troubling to me. This is a question of what we are putting our BART police towards. We know how to make the system better and safer, and this ain’t it.”
Individuals found guilty of eating on public transit in California face a $250 fine or 48 hours of community service.

