Sound Transit says security guards will be removing people who smoke fentanyl or anything else aboard light-rail trains, an effort to address chronic complaints by transit riders and operators.

Drug use became common in 2021 and 2022 as transit agencies de-emphasized enforcement of all kinds and security staffs dwindled to almost zero.

The pendulum is swinging back, as both Sound Transit and Metro hire more guards, yet still strive to de-escalate conflicts.

The problem of onboard smoking made news when a fentanyl-smoking rider delayed 1 Line service by 10 minutes on Feb. 5. A train operator noticed fumes billowing into the control cab, then left the train at Angle Lake Station to seek medical attention, according to Sound Transit.

When dealing with drug complaints, Sound Transit is relying on the transit code-of-conduct clauses in the Revised Code of Washington, which bar many behaviors in the confined space of a bus or train.

“They would be expected to be told to leave,” spokesperson Geoff Patrick said Monday.

The agency isn’t relying on criminal drug laws, which are being revised after a state Supreme Court ruling in 2021 made felony drug possession sentences unconstitutional.

Sound Transit received 157 complaints about code-of-conduct violations, of many kinds, in January.

“Unlawful transit conduct” behavior includes smoking any substance, carrying flammable liquids, spitting, urinating, loud noise, roller skating, gambling, littering and many other acts, under transit agency rules the Legislature has codified since 1984.

If a transit rider complains via text or call at the emergency number (206-398-5268), Sound Transit security officers will respond and tell the offender to leave the train, Patrick said. People usually comply, but if someone refuses, guards ordinarily call transit police, who are King County Sheriff’s Office deputies paid by Sound Transit. That could lead to a misdemeanor charge under the unlawful transit conduct code, Patrick said.

Security guards are allowed to grasp someone’s arm and escort the person off the train, but they’re generally expected to ask politely, de-escalate, then call for backup, Patrick said.

As an example of taking action, CEO Julie Timm last week described an episode when a person “smoking crack” was removed from a train after a transit staffer texted the security hotline. The incident report wasn’t immediately available Monday.

As a practical matter, Patrick acknowledged a shortage of guards until later this year when new contracts, hires and training are expected with four security companies.

Amalgamated Transit Union Local 587 leaders say they hear about drug incidents on trains at least once a week. Some members described breathing issues and dizziness in 2021-22 safety incident reports.

However, “the risks are very low” that bystanders or first responders would absorb fentanyl through secondhand smoke, according to a Public Health – Seattle & King County fact sheet. “When someone smokes fentanyl, most of the drug has been filtered out by the user before there is secondhand smoke. It doesn’t just sort of float around.”

Taking a holistic view, King County Metro Transit seeks to deter disruptive behavior, but also de-escalate encounters between riders and transit security or police, according to the Safety, Security and Fare Enforcement (SaFE) Reform initiative, launched in 2021 to support the county executive’s declaration that racism is a public health crisis.

In December, Metro launched a SaFE pilot project in which behavioral health specialists offer services at the Aurora Village and Burien transit centers at night, and the team of fewer than eight has also been called to Seattle’s City Hall Park, said Metro spokesperson Al Sanders. Metro employs 85 guards countywide and will soon add overnight patrol at Aurora Village, Burien and downtown, he said.

Smoking is a conduct violation on buses, Sanders said. Metro guards aren’t authorized to remove people physically unless someone poses an imminent threat to others, he said. If someone refuses to leave, guards would call the transit dispatch center for a Metro supervisor or transit police, he said.

Onboard fare sweeps aboard Seattle-area transit were suspended in mid-2020 after the COVID-19 pandemic arrived, local studies found Black and homeless residents were penalized more often, and the Minneapolis police murder of George Floyd sparked protests.

Sound Transit is trying to hire educational fare ambassadors to check for payment and to establish sanctions for repeat violators. Metro is studying how to require fares without making riders uncomfortable by telling them to produce proof of payment, Sanders said.

The criminal side of drug policy is in flux this legislative session, after the Washington Supreme Court struck down the felony drug possession laws as unconstitutional in 2021. As a stopgap, the Legislature made possession a misdemeanor but decided a person must refuse treatment twice before being charged with an offense.

Marysville recently enacted a city code allowing misdemeanor arrests on the first offense for public drug use, such as in a park or transit station, KING 5 reported.

Regardless of other health and legal questions, Sound Transit views drug smoking as “an activity that is creating fumes that could be an issue for passengers, and would be considered serious,” Patrick said.

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