Company cops with badges slapping a hefty ticket on a working man? Rogue, thy name is the
Union Pacific Railroad Police.According to records in Multnomah County Circuit Court, Union Pacific railroad officer P.T. Bender stopped 54-year-old Harry Wise from carrying his bicycle across the Brooklyn rail yard in Southeast Portland on June 19. Ignoring Wise's protest that the signs around the yard were illegible, Bender handed the warehouse laborer a citation for trespassing, according to the police report.
When Wise showed up at court on Aug. 4—without a lawyer—he found himself on the docket for first-degree criminal trespass, a class A misdemeanor punishable by up to one year in jail and a fine of $6,250.
If Wise had picked any other property for his shortcut that day, the charge would have been second-degree trespass, the equivalent of a speeding ticket, says Barry Engle, a Portland criminal defense lawyer who is not involved in the case.
But railroads enjoy special legal privileges dating back to the 19th century. For one, railroad companies are authorized to hire their own police officers. And trespassing on any yard, bridge, line or tunnel belonging to the railroads is automatically considered first-degree criminal trespass, Engle says.
Neither law enforcement nor transportation agencies at the state level have jurisdiction over UP cops, and the company is notoriously tight-lipped about internal matters. Joe Arbona, spokesman for Union Pacific, says the company has "zero tolerance for trespassing," but would not disclose how often its officers cite trespassers. Court records show 142 people were cited for criminal trespass by Union Pacific cops last year, a marked increase from the 38 tickets handed out in 2000. (Wise, for his part, declined to talk to WW.)
Trespassing is a crime, but it seems unjust (not to mention Roguish) for a company to enforce a rule aimed at saboteurs and terrorists on a man who cut across the tracks because he was running late for work. The case is pending trial.
The fine might be exorbitant, but you have failed to point out that Bender was being bloody stupid - at least he'll have second thoughts before he does it again and some poor UP employee may have been saved from a lifetime of nightmares from recalling a really nasty incident.
It a railroad, not a public pathway.
Tony Bailey
Some of us (the less civil-rights minded) take this as a boon, as drifters, homeless and other marginalized people often walk on or near the tracks. Those rights-of-way are HUGE, and it is easy to unintentionally walk on them.
It is automatic probable cause for us to search and arrest people. We can simply wait until a person crosses a street that has tracks laid upon it or takes a step near enough to the tracks. Then it is a green light to go through their bags and pockets, legally-ish. It is also a legal way to harass people. We can "choose" to not confront, say, white people, and confront every hispanic person we see on the property, and that is totally legal.
Not all of us do this. The rest of us actually do our jobs rather than just pick on people. If a person really is doing something wrong, they will screw up and give us real PC to search them soon enough. There is no need to stretch the law on the orders of some private group that answers to no civil authority. There are a few of us who are still the good guys out there, I promise.
and I'm a rail enthusiast who does things entirely different. If I'm going to be on public property which is close to a Railroad's
Main Line, before I even consider going to that
location I will contact said railroad's police
department and ask for permission, usually
a liability release. This way I am protected,
as well as the railroad. I would be unable to sue for any injries, I may incur and the railroad doesn't have to worry about me causing
any trouble. This is the way, I have always
done things, and yes, it does work. I'm also
planning to join Washington State Operation
Lifesaver shoetly. I will be putting on
rairoad safety presentations at homes, businesses, and schools. Last year and this
year, there have been numerous traffic/railroad
fatalities, plus pedestrians/and/tresspassers also being struck and killed by trains.
Special Agent Bender unfortunately, is within his rights to arrest anyone tresspassing. I know a few UP and BNSF Special Agents back in Texas, and like in Oregon, they have never
steered me wrong. I get a lot of pistive input from them before I venture out. Remember the
most important factor that railroad employees
have to be aware of...SAFETY FIRST. I always
follow that rule and other railroad oriented
rules when I'm out train watching, including not bothering railroad employees, because they
have duties to perform. I'm a CORPORATE-
MINDED Rail Enthusiast. Please understand
what I'm saying...I do heartily support and
respect railroad special agents and their duties.
Thank You,
Michael Gitlin