DT: December 29, 2011 TO: Board of Directors FR: Jennifer Barton RE: Expressive Activity Permits - St. Andrews Missionary Baptist Church This memo is intended to provide further information regarding the expressive activities permitting process and related responsibilities with regard to St. Andrews Missionary Baptist Church. ln response to inquiries regarding observations that children may be soliciting donations unaccompanied in BART Stations, staff contacted the BART Police to apprise them of the reports regarding the children and asked them to observe the 12"' and 19"' Street stations as part of their regular rounds through station areas. Police staff observed the fund raising activities at 19"' Street Station, comprised of two children accompanied by an adult. BART Police did not observe any violations of the expressive activities permit. Staff also shared the reports of unaccompanied children with other agencies to make them aware of the reports. Staff consulted with the Office of the General Counsel and was advised that the Church is a registered 501 organization, and that the speech activities are protected on the grounds that the Church is a religious organization engaged in charitable solicitation. BART Police have not observed any violations by the Church of any applicable laws. It is important to note that unaccompanied children are not prohibited on the BART system, and that children are often unaccompanied on BART. As well, the expressive activities permit rules do not expressly prohibit unaccompanied minors. The permit does require the permit holder to be present, and the permit applicant has been reminded of this requirement. The Church's request for a permit to cover late December through late January has been granted. *Faxed to Director Blalock Jennifer K. Barton Executive Manager - Office of External Affairs San Francisco Bay Area Rapid Transit District 300 Lakeside Drive, 18th Floor P.O. Box 12688 Oakland, CA 94604-2688 Phone: 510-464-6425 Fax: 510-464-6415 jbarton@bart.gov - BART has the oldest fleet of train cars in the country. Learn about BART's plans to replace its aging train cars with the "Fleet of the Future." Visit