Mayor Lightfoot’s administration is committed to making Chicago’s transit system more equitable, efficient, and safe. While the Mayor’s plans include many notable actions, they do not address the issue of decriminalizing fare evasion on public transit. This is a logical next step.
Critics of decriminalizing fare evasion will argue that lighter penalties for evasion will pose a public safety risk or will precipitate a revenue loss for transit agencies, however, there is no evidence that this is true. Rather, fare evasion is often motivated by poverty and evidence shows that criminal penalties for fare evasion disproportionately target people of color, are expensive to enforce, and do not deter other criminal behavior.1 Public transit is often a gateway to opportunity, especially for those without a driver’s license, immigrants, and low-income residents. The city should not impose possible life-altering penalties on those who cannot afford public transit, but instead should make it easier for these individuals to afford transit options.
Washington, D.C., Seattle, San Francisco, and Portland have recently decriminalized fare evasion and every city should follow – including Chicago2
The Mayor’s Office should work with CTA, Metra, Pace, and the Chicago Police Department (CPD) to implement an equitable fare payment system that decriminalizes fare evasion. The Mayor’s Office should also engage aldermen and ask City Council to pass a resolution on decriminalizing fare evasion, which will add pressure for the boards of Chicago’s public transit agencies to adopt the policy.
In addition to removing criminal penalties, the City should align fare evasion penalties with those of traffic violations and extend its discounted fares program. Fare evaders are subject to a fine of at least $300, while traffic violations typically cost $150 or less.3 Public transit riders, who often cannot afford more expensive private transit options, should not be subject to higher monetary penalties than those who can afford private transit options. Additionally, the City should extend its discounted fares to individuals with incomes below 200 percent of the federal poverty level or pilot programs that would issue free passes to residents of public housing.1
Finally, the City should ensure that enforcement agents complete special training in implicit racial bias and that agents are tasked with informing riders about discount fare programs. Metra should also remove fare evasion as a reporting option on its COPS app, which allows riders to report suspicious or illegal activity through their phones. An independent audit should follow one year after the program has been implemented to report if revenue or criminal activity have materially changed and to identify areas for further improvement.
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