February 5, 2018

Cyrus R. Vance, Jr. of County 1 Hogan Place New York, NY 10013

Dear Mr. Vance:

I am writing to strenuously protest your unilateral decision to end the criminal prosecution of most persons who ride the MTA’s transit system without paying the required fare; a crime that I was under the impression is the result of the State’s legislative process and your obligation to enforce.

First, I think it is reasonable to expect that you would at least consult the MTA prior to making such a significant policy change in the enforcement of law in a system traveled by some six million daily subway riders and 2.5 million daily bus customers. Might we not at least have discussed the wisdom of continuing the enforcement of criminal sanctions for those who have multiple prior arrests for fare-beating?

MTA management has a very strong perspective on the topic.

Fare-beating places a burden on law-abiding transit customers who DO pay the fare, including low-income citizens who despite financial challenges still respect the rule of law and their obligation to pay their way.

Allowing ever more widespread fare-beating by adopting and touting a policy of non-prosecution in most cases unquestionably sends a loud and clear signal to those who would flout the law.

And fare-beating deprives the transit system of revenue that has never been as critically needed as it is today. Further, it seems reasonable to expect your policy will increase fare-beating, not only in your jurisdiction, but elsewhere, emboldening fare-beaters in subways and buses across the City.

And it seems clear that you failed to consider the impact that unenforced fare- beating can have on the safety of the MTA’s transit workers.

Cyrus R. Vance, Jr. February 5, 2018 Page 2

While it may be true that some fare-beaters avoid paying out of economic desperation, it is also true that other fare-beaters, by virtue of both their turnstile jumping and their other unlawful behavior in the system, surely are doing nothing to encourage a safe, civil, law-abiding environment in our transit facilities.

This was made strikingly clear last Thursday when an NYPD officer patrolling the subway attempted to apprehend a fare-beater in . The suspect fled onto the subway tracks, and when apprehended blocks away, it was determined that he is wanted for attempted murder in Virginia.

In the name of the millions who both depend upon and pay for MTA services every day, I strongly urge you to reverse this unilateral policy. I am eager to meet with both you and the leadership of the NYPD to discuss the MTA’s perspective and reach a conclusion that would truly be in the interest of ALL of our customers, as well as our employees.

Sincerely,

Joseph J. Lhota Chairman

cc: James P. O’Neill, Commissioner, NYPD Edward Delatorre, Chief - Transit Bureau, NYPD Richard A. Brown, District Attorney, County Darcel D. Clark, District Attorney, Bronx County Eric Gonzalez, District Attorney, Kings County Michael E. McMahon, District Attorney, Richmond County