The MTA plans to start slapping subway riders with $50 fines if they refuse to wear a mask on the transit system—an announcement that comes months after the NYPD abandoned summonses for mask-wearing violations following scrutiny over violent arrests related to COVID-19 rules.
The MTA's $50 fine goes into effect Monday for subway riders who refuse to wear a mask on buses and trains in the MTA system as an effort to reach "universal mask compliance" in the system, MTA Chairman Pat Foye said during a Thursday morning press call with Governor Andrew Cuomo.
Currently, the MTA has at least 90% compliance across the board, Foye said.
"Transit is key in people coming back to the city and coming back to work, and so even if it's just one or two people in the system, they don't have the right to endanger anyone else, and frankly, they don't have the right to scare anyone away from the system," NYC Transit Interim President Sarah Feinberg said.
Feinberg says the MTA, the NYPD, and Bridge and Tunnel officers will enforce the measure across the system.
But it's unclear if the NYPD plans on helping with enforcement.
NYPD officers were supposed to stop arresting and ticketing New Yorkers for face-covering violations back in May after multiple officers forced a 22-year-old mother to the ground, pressing her face near the floor, and handcuffed her in front of her child for not wearing a mask at a Brooklyn subway station. The video sparked outrage after repeated occurrences of coronavirus-related arrests.
Two days later, the NYPD changed its policy. NYPD Commissioner Dermot Shea told officers in an internal memo dated May 15th that they'll "no longer issue summonses or make arrests for infractions related to face coverings—absent of a crime or other violation being committed."
When asked for clarity on enforcement after the announcement, MTA spokesperson Abbey Collins said, "All MTA rules and regulations are enforced by MTAPD and NYPD and they always have been."
"It has been state law since April 17 that masks are absolutely required in the system. By adding a rule to our code of conduct police now also have the option to write fines for refusal to wear masks," she said. The Governor's office referred to the press call remarks.
NYPD spokesperson Al Baker said the department is "committed to our continued cooperation with the MTA."
But he didn't clarify how the state's new rule may impact the department's policy.
"We will continue to educate all New Yorkers on the best practices to avoid being the victims of crime and to protect against the ongoing coronavirus outbreak," Baker said.
For the Straphangers Campaign, the fine is another punitive measure that will disproportionately harm low-income riders and people of color—like other low-level offenses for social distancing violations, fare evasion, and even jaywalking.
"I think the biggest point is that the MTA, instead of just turning to police to enforce its policies against riders, should be really looking for alternatives to the punitive measures," campaign coordinator for the Straphangers Campaign, Jaqi Cohen, told Gothamist. "I think that it's important to remember that while we're dealing with this COVID crisis, we're also dealing with the crisis of systemic racism, and that really plays out in our transit system."
"To just throw police at problems, we have a real fear that Black and brown riders will be disproportionately targeted by police," Cohen added. She pointed to Los Angeles County transit system's efforts to reduce armed officers' response to nonviolent crimes earlier this summer as an alternative.
The executive director of the Tri-State Transportation Campaign, Nick Sifuentes, said fines "must go hand in hand with making masks readily available to the public and must be handled in a way that does not overpolice Black and brown riders, but we do need a fair way to ensure non-compliant people aren't putting other New Yorkers at risk."
The Riders Alliance pointed out cops themselves are frequently seen without masks—making for an ironic situation should they also be enforcing mask wearing.
"The governor's policy seems less likely to make the subway safer than to raise tension and create conflict between police and riders," said policy director of the Riders Alliance, Danny Pearlstein.
The transit workers union TWU Local 100 has advocated for the rule for months and welcomed the news.
"This is an important step towards making the bus and subway system safer, and we are grateful that the Governor heard us on this issue," Local 100 President Tony Utano said.
Workers have faced disproportionate impacts from the pandemic, with dozens of transit workers dying from the virus and others facing attacks from riders when asked to follow COVID-related rules.
"We recognize that a fine could be hardship for some. You know what’s harder? Going to a funeral because someone didn’t wear a mask on a bus or train," Utano said.
MTA spokesperson Collins said the measure would only apply to those "old enough to wear a mask" and has "exceptions for those who are not medically able to wear a mask," but she did not provide additional details on the age limit or protocols for straphangers with disabilities. (The Governor's executive order on face coverings from April requires anyone older than 2 years old and able to "medically tolerate" a mask to wear one.)
The MTA's board will review a final rule after a 60-day comment period in which New Yorkers can weigh in. Due to the health emergency, the rule will go into effect immediately on Monday.
MTA says masks are distributed and available at station agent booths for those who don't have one, and the agency has already given out 4 million masks on the subway, buses, Long Island Rail Road, and Metro-North Railroad.
Cuomo has been urging New Yorkers to take public transit as the city continues to reopen, rather than driving cars through the city, insisting the system is "safe."
"This will make it even more safe, so I feel good about it," the governor said.
With WNYC's Stephen Nessen.
This article has been updated with additional comments from the MTA.
