California: Where It's OK to Crap in the Streets But They Arrest People for Eating on a BART Platform

This week, a video went viral of a man being detained by police on a public transportation platform in California for eating a sandwich. You can see the police officer in the video below insisting that eating is a violation of the California penal code.

It turns out that while he might be slightly off base, it's mostly true. The California penal code lists eating on public transport property as a "miscellaneous crime" in section 635-652. 

(2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.

(b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.

According to the code, the man eating is breaking the law because he is at a facility owned by the public transportation system and he is not in the designated eating area. However, this law is rarely enforced. In the same code, a few lines down is this gem:

(3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.

To recap, it is illegal to eat a sandwich on your commute, and punishable by a $400 fine, but perfectly fine to defecate on a train in public if you just can't help yourself. This explains the entire California system of government. Imagine lawmakers sitting around a table debating where people can eat and slapping a $400 fine on anyone who eats in the wrong areas but applying no punishments at all to crapping in public and spreading disease. Remember also that heroin addiction is mostly considered a medical condition in California, if not a disability. Look for that to be carved into stone soon.

Unlike other commentators, I do not believe this man's crime was "eating while black." It's eating while upwardly mobile. He looks like he has $400, he's not homeless, a crackhead, or an illegal alien. This means he's subject to all the laws, even the minor "miscellaneous" ones and he will be held accountable! This is a failure of leftist nanny-state governing, not racism.

If only he had known he could get away with anything he wanted on public transport if he smelled like a sewer and used the world as his personal toilet.

Congratulations on winning the stupidity in government award this week, California. You truly deserve it.

Megan Fox is the author of “Believe Evidence; The Death of Due Process from Salome to #MeToo.” Follow on Twitter @MeganFoxWriter