Liam Beran
A BRT bus rolls up to the East Washington Ave. stop.
Madison's Transportation Commission approved the ordinance change through an 8-1 vote.
Madison city officials say it’s unlikely a proposed ordinance change that would allow supervisors to ticket riders who don’t pay their bus fares would actually be used.
“By letting riders know ‘Hey, Metro staff can fine you $100 if you don’t pay,’ that is going to do everything to compel payment,” Assistant City Attorney Eric Finch said. “If somebody truly doesn’t have the means to pay, given that sort of motivation, at that point we’d be trying to get blood from a stone.”
The transportation commission passed the ordinance at its April 9 meeting, though it must be approved by the city council before going into effect. The next city council meeting is April 15.
Currently, Finch said, Metro drivers would have to call the Madison Police Department, who could then issue a citation. Under the updated ordinance, supervisors, not drivers, would be authorized to issue citations, with no police involvement required. The change in authorization, Finch and Metro Chief Development Officer Mick Rusch said, would allow Metro Transit to place a placard in buses that notes “Metro staff can issue citations for nonpayment of fare.”
It’s hoped that the placard will be an incentive to pay, even if supervisors likely won’t staff bus rides themselves.
“We couldn’t do that [placard] now, because Metro drivers don’t have that authority,” said Finch. “We don't need to say on that placard that the bus driver is not one of the Metro staff authorized to do that citation.”
The ordinance change would also lower the minimum fine for citations, currently at $50, to $5.
Commissioner Cailey Jamison said that although Metro may want to remove drivers from the fare enforcement process and avoid a “hostile dynamic” between drivers and riders, “I’m [also] hearing ‘we maybe want riders to think that the driver can enforce against them, so that they pay.’ And that feels like an uncomfortable tension.”
Many commissioners criticized the ordinance change as premature, particularly given that Finch and Rusch said nonpayment is rare: Denise Jess said it felt like Metro officials were “putting the cart before the horse.” Jamison called it a “solution in search of a problem.” And Ald. MGR Govindarajan, a member of the transportation commission, said Metro officials were “kicking down an open door.”
“There’s no problem here, and I don’t necessarily think this is a solution either,” said Govindarajan. He was among numerous commissioners who worried any increase in enforcement would disproportionately affect already marginalized and underserved residents, particularly along racial lines.
“I am quite concerned with potential for implicit or explicit bias in the enforcement of these fines,” said Jamison. “I appreciate the desire to get drivers out of enforcement and also minimize the fines associated, but I am also really nervous about voting for something like this without more data in this version of how it would really look in practice.”
Still, the commission passed the ordinance change 8-1; Govindarajan was the sole nay vote. Some commissioners said they hope the alteration will reduce interactions between riders and police officers. Rusch, who did not respond to requests for an interview prior to Wednesday’s meeting, said that Metro does not at this time have plans to move forward with issuing citations.
“And if we did, we would bring [the plans] back to you,” he added.
Finch said nonpayment isn’t affecting Metro’s bottom line enough for it to invest time and money in training employees on how to issue citations. Nonpayment, which Metro tracks through in-bus cameras with artificial intelligence technology and a button on driver’s consoles, has also been “below projections,” Finch said.
Though Govindarajan asked for it, Metro officials did not provide specific data on how often nonpayment happens; Rusch said the city’s data on nonpayment “isn’t very good.” Govindarajan responded that he’d still like to see the data, even if it’s incomplete.
Part of the issue is tied to implementation of the city’s bus rapid transit (BRT) system — if riders enter through the new buses’ rear entrance, they do not have to interact with drivers and may be able to more easily avoid paying. The city of Milwaukee, Finch said, has had significant issues with rider nonpayment since opening its BRT system in June 2023. Though Madison does not yet face a similar situation, putting measures in place now, Finch said, would help Metro be prepared if nonpayment increases.
A single ride costs $2 for adults and $1 for those eligible for reduced prices — youth, seniors, persons with disabilities and low-income residents.
The proposed ordinance change comes as a string of Metro drivers have been attacked in recent weeks. In February, a woman attacked a bus driver and caused the bus to crash into Asian House, a restaurant on Dempsey Road.
A teenager attacked another driver on March 17 and a passenger hit a Metro driver with a mug on April 6, according to the Wisconsin State Journal. The attacks prompted the local bus drivers union to hold a press conference; Metro, for its part, has pledged to create a review board and “take any necessary measures to enhance driver safety.”
Commissioner Lynn Olson viewed the ordinance update as one “tool” in drivers’ belts to help avoid violence due to fare nonpayment.
“This is just a tool they need so [drivers] can establish a boundary,” Olson said. “I would hope the city of Madison and their civil rights [department] would have all of the right people involved in all the decisions and everything that's going to be said and done, because this is for their safety.”
