May 25, 2018

Chief Ronald A. Pavlik, Jr.

Metro Transit Police Department
Washington Metropolitan Area Transit Authority
600 5th Street, NW
Washington, DC 20001

VIA ELECTRONIC MAIL

Dear Chief Pavlik:

I write regarding the Metro Transit Police Department’s (“MTPD”) arrest of a woman at the Fort
Totten Metro station on May 21, 2018, for alleged fare evasion and assault on a police officer.1
Footage of the incident circulating on social media and in the press shows an officer – holding an
unholstered TASER – straddling the woman as she lies face-down on the ground, screaming that
she had not done anything wrong. Another officer is nearby. At one point, her shirt is pulled
down, exposing her chest. The video also shows several bystanders pleading with the officer to
release the woman, and one bystander offered her a shirt to cover herself.

MTPD has not stated that there was any sign of a weapon, and although the video may not
capture the complete encounter, she does not seem to be threatening the officer or bystanders.
I cannot imagine the indignity of being arrested for fare evasion and being exposed in front of
officers and onlookers. I also find it hard to believe the same response would have been applied
in a different context. This cannot justify such a use of force without an accompanying threat to
the officer’s safety.

Fare evasion, if it did occur, represents the theft of a $2.25 minimum fare. I do not doubt that
some individuals who commit the offense of fare evasion also commit other criminal offenses
unrelated to evading the fare, such as assault, carrying a weapon without a license, or more
serious offenses. However, I am very concerned about the increase in arrests made by MTPD

1
See http://wjla.com/news/local/video-woman-held-down-arrested-at-fort-totten-metro-station-sparks-
controversy.

1
officers. MTPD arrests have steadily risen by 73 percent since 2013, from 1,884 to 3,266 in 2018,
even as ridership declines. As of April 2018, MTPD had made 948 arrests year-to-date, an increase
over the same period last year. When looking closer at the most recent data, many arrests for
fare evasion were made concurrently with more serious offenses, but many also were not.
Arrests for fare evasion were not infrequently made concurrently with arrests for “discarding
litter”, “failing to identify to a law enforcement officer on demand”, “resisting arrest”, and
“panhandling.”

I am requesting that you provide me with all surveillance video from the incident, as well as an
update on your review of the officers’ conduct – including the use of TASERs – and how MTPD
has responded to the young woman in the footage. I also encourage you to (1) revisit MTPD’s
policies and procedures for arresting for minor offenses such as fare evasion, particularly when
that is the only crime for which an individual is arrested, and (2) review whether such arrests and
any accompanying use of force disproportionately affect persons of color.

Thank you in advance for your cooperation in this matter.

Sincerely,

Charles Allen, Ward 6 Councilmember

Chairperson, Committee on the Judiciary and Public Safety

Cc: Jack Evans, Ward 2 Councilmember

Chairperson, WMATA Board of Directors