Cleveland downgrades transit fare evasion to minor misdemeanor

The city of Cleveland is making fare evasion a minor misdemeanor, but the change is likely to have little effect because Greater Cleveland Regional Transit Authority police charge individuals under state law, not city code. January 24, 2023

CLEVELAND, Ohio – Cleveland City Council on Monday unanimously agreed to make fare evasion on public transit a minor misdemeanor, which carries no threat of jail time, and the possibility of a fine up to $25.

Until now, city code specified that failure to pay the Greater Cleveland Regional Transit Authority’s $2.50 fare was a fourth-degree misdemeanor, punishable by up to 30 days in jail and a $250 fine.

Transit advocates, including the group Clevelanders for Public Transit, have been pushing for years for a change to the city’s fare evasion ordinance. They say that fare evasion should be treated the same way as parking tickets, which carry small fines and no criminal penalties.

Council initially considered legislation that would’ve left fare evasion a fourth-degree misdemeanor, but reduced associated penalties. The final version – which changes it to a minor misdemeanor – was approved by council’s Transportation and Mobility committee on Jan. 25.

City Council’s approval of the law change, which also backed by Mayor Justin Bibb, is largely a symbolic one, with few, if any, real-world consequences. That’s because the RTA police department does not issue citations under the city’s code. It instead cites individuals under a parallel criminal charge in state law, which remains a fourth-degree misdemeanor.

RTA deputy police Chief Michael Gettings told a council committee on Monday that RTA has, in recent years, largely moved away from issuing citations for fare evasion, even under state law.

Last year, it cited 16 people, all of whom were charged with other offenses in addition to fare evasion, Gettings said. That’s about one citation for every million rides RTA provides, he added.

Instead, RTA is increasingly pointing individuals to the fare box, so they can pay for their fare instead of being subject to a criminal charge, Gettings said.

In cases where RTA does intend to charge someone with fare evasion, individuals are allowed to pay a $25 administrative fee within 72 hours to avoid getting charged.

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