You can eat on the subway! And it’s gonna stay that way!

But with a bill in Albany proposing to forbid riders to eat in the subway, Mr. Lhota has refined his position: no way would he support such a ban.

Mr. Lhota said in an interview that he watched too many children eating breakfast items, like bagels and muffins, on the subways every morning to ban food.

“I do not support the bill,” Mr. Lhota said. “It severely hurts and impacts minority communities. I don’t want to deny the kid the only time that day he’s going to get food.”

State Senator Bill Perkins of Harlem introduced the bill, which calls for violators to be fined up to $250.

Remember when C.J. Roberts (then Circuit Judge Roberts) affirmed an opinion finding the arrest of a girl who ate a french fry  on the metro.

No one is very happy about the events that led to this litigation. Her shoelaces were removed, and she was transported in the windowless rear compartment of a police vehicle to a juvenile processing center, where she was booked, fingerprinted, and detained until released to her mother some three hours later — all for eating a single french fry.

 

The District court described the policies that led to her arrest as ‘foolish,’ and indeed the policies were changed after those responsible endured the sort of publicity reserved for adults who make young girls cry. The question before us, however, is not whether these policies were a bad idea, but whether they violated the Fourth and Fifth Amendments to the Constitution. Like the District court, we conclude that they did not, and accordingly we affirm.

Fascist transportation system.