According to the Metropolitan Transportation Authority’s (MTA) Rules of Conduct, the subway system is for transporting riders to their destinations, and nothing else. But the rules list several exceptions, including “campaigning”. So far, so good, Hillary Clinton.
However, Section 1050.6(c)1 of the subway rules states unequivocally that none of these activities may be performed on the actual subway cars.
This is the rule Clinton broke. Clinton’s defenders might think the short subway trip wasn’t actually campaigning, but I’d urge them to watch a video of her two-stop ride – from Yankee Stadium to 170th Street – that clearly shows Clinton glad-handing on the train itself.
She’s aided in doing so by Rubén Díaz Jr, the president of the borough of the Bronx, who introduces her to strap-hangers as “the next president of the United States, Hillary Clinton”. If that wasn’t enough, Clinton then takes some questions from the press aboard the 4 Train car.
Section 1050.6
Use of the transit system.
...
(c) Except as expressly permitted in this subdivision, no person shall engage in any nontransit uses upon any facility or conveyance. Nontransit uses are noncommercial activities that are not directly related to the use of a facility or conveyance for transportation. The following nontransit uses are permitted by the Authority, provided they do not impede transit activities and they are conducted in accordance with these rules: public speaking; campaigning; leafletting or distribution of written noncommercial materials; activities intended to encourage and facilitate voter registration; artistic performances, including the acceptance of donations; solicitation for religious or political causes; solicitation for charities that: (1) have been licensed for any public solicitation within the preceding 12 months by the Commissioner of Social Services of the City of New York under section 21-111 of the Administrative Code of the City of New York or any successor provision; (2) are duly registered as charitable organizations with the Attorney General of New York under section 172 of the New York Executive Law or any successor provision; or, (3) are exempt from Federal income tax under section 501(c)(3) of the United States Internal Revenue Code or any successor provision. Solicitors for such charities shall provide, upon request, evidence that such charity meets one of the preceding qualifications.
(1) Permitted nontransit uses may be conducted in the transit system except: (A) when on or within: a subway car; an omnibus; or, any area not generally open to the public; (B) within a distance of 25 feet of a station booth, or a fare media sales device including but not limited to a fare media vending machine; or, (C) within a distance of 50 feet from the marked entrance to an Authority office or tower. (D) The following activities are not subject to the minimum distance requirements as set forth in subparagraphs (B) and (C) of this paragraph: public speaking; leafletting or distribution of written noncommercial materials; campaigning; and, activities intended to encourage and facilitate voter registration, provided, that with respect to any of the activities described in this subparagraph, no sound production device is used and no physical obstruction, such as a table or other object, is present within a distance of 25 feet of a station booth or fare media sales device, or 50 feet from the marked entrance to an Authority office or tower.
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Section 1050.10
Fine and penalties.
Pursuant to section 1204(5-a) of the Public Authorities Law, any person committing one or more violations of these rules shall be subject to either:
(a) criminal prosecution in the criminal court of the City of New York, which court may impose a fine not to exceed twenty-five dollars or a term of imprisonment for not longer than ten days, or both; or
(b) civil penalties imposed by the transit adjudication bureau in an amount not to exceed one hundred dollars per violation (exclusive of interest or costs assessed thereon).
(c) These rules may be amended or added to, from time to time, at the sole discretion of the New York City Transit Authority or Manhattan and Bronx Surface Transit Operating Authority in accordance with law.
The schedule of such civil penalties will be set forth in an internal procedure manual of the transit adjudication bureau and may be revised from time to time, including provisions for repeat offenses.
In addition to a civil penalty for one or more violations of these rules, an additional penalty, not to exceed fifty dollars, may be imposed upon the failure of a respondent in any proceeding commenced with respect to any such violation to make a timely response to or appearance in connection with a notice of violation or order issued by the Authority in such proceeding.
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