Mayor Muriel Bowser quietly vetoed the Fare Evasion Decriminalization Act earlier this week, writing in a letter to D.C. Council Chairman Phil Mendelson that the bill will hurt the already cash-strapped agency and that “we should not encourage lawlessness on Metro.”

Now, the fate of the bill is back in the hands of the D.C. Council, which could still override the mayor’s veto if two-thirds of the members vote in favor of doing so.

Since 1978, D.C. law has made fare evasion a criminal act punishable by a $300 fine, a 10-day jail sentence, or both. The new law would make fare evasion a civil fine punishable by a $50 citation, eliminating the possibility of jail time or an arrest record for jumping the turnstiles.

Proponents of decriminalization pointed to statistics showing that the large majority of fare evasion citations go to African Americans and lead to consequences disproportionate to the offense. Metro has been adamantly opposed, saying it will cost the system millions of dollars a year, and also arguing that people are rarely arrested for fare evasion alone, but are often charged with more serious crimes.

Bowser addressed her veto of the bill Friday on the Kojo Nnamdi Show’s Politics Hour. “I fundamentally disagree with the premise that some people should pay on Metro and some people shouldn’t,” she said. “I also believe that lawlessness begets lawlessness.”

Addressing critics who say enforcement of fare evasion laws is discriminatory, given that the overwhelming majority of people cited for evading fare are black, Bowser said that “I could only say it’s disproportionate if I knew the total offenses… Who are the fare evaders?”

The mayor also took a jab at the legislation, saying “it is poor policy making to create laws that are totally unenforceable.”

This is only the second time Bowser has ever used her veto power since becoming mayor. She overturned a law in July that would have allowed high school students to graduate who didn’t meet attendance requirements, and that veto stood.

The legislative body has 30 days to override the mayor’s veto, or let it become law. The veto override vote is scheduled for January 22.

The Fare Evasion Decriminalization Act in December passed by a vote of 10 to 2. Only Mendelson and Ward 2 Councilmember Jack Evans, who also chairs the Metro board, voted against it (Ward 5 Councilmember Kenyan McDuffie was absent from the final vote, but co-introduced the bill and voted for it previously). That’s what’s known as a “veto-proof majority:” the Council needs nine people to support the bill to force it through despite the mayor’s opposition. But councilmembers could change their minds—it’s happened before.

Here’s where your councilmembers stand:

VOTING TO OVERRIDE THE VETO

At-Large Councilmember David Grosso: “We must dismantle the system that has produced mass incarceration. It doesn’t make sense to subject someone to arrest, trial, and imprisonment for failing to pay low $ public transit fare,” Grosso tweeted on Thursday.

https://twitter.com/cmdgrosso/status/1085901450771877888

At-large Councilmember Elissa Silverman: A spokesperson for her office says she will vote in support of the override.

At-large Councilmember Robert White: “I am disappointed that the Mayor used a rare veto to overturn the Fare Evasion Decriminalization Amendment Act of 2018 … The Council of the District of Columbia did not decriminalize fare evasion on WMATA trains and buses to encourage people not to pay their fares. We passed this bill because data shows that 91 percent of people to whom WMATA issues criminal citations are Black.”

https://twitter.com/RobertWhite_DC/status/1085920527984803846

Ward 1 Councilmember Brianne Nadeau: A spokesperson for Nadeau’s office says she is not in support of the veto and will vote to override it.

Ward 3 Councilmember Mary Cheh: A spokesperson for Cheh’s office says she will vote to override the veto.

Ward 5 Councilmember Kenyan McDuffie: Although McDuffie was absent from the final vote on this bill, he supported the bill as it made its way through Council. “He co-introduced it and voted for it all the way through. [He] supports overriding the veto,” an office spokesperson tells DCist via email.

Ward 6 Councilmember Charles Allen: Allen has been a strong supporter of the bill from the start, and he shepherded it through committee and through the Council votes. His spokesman told DCist shortly after the news of the veto that he plans to move for an override at an upcoming legislative session. “We create more public safety problems than  we solve by criminalizing something as small as not being able to pay a $2 bus fare,” Allen said in a statement shortly after the veto.

Ward 8 Councilmember Trayon White: Councilmember White originally introduced this bill at Council, and he has unwaveringly supported it from the start. His Chief of Staff, Wanda Lockridge, tells DCist that the councilmember will “absolutely” vote to override the mayor’s veto.

VOTING TO KEEP THE VETO

Ward 2 Councilmember Jack Evans: A spokesperson for Evans’ office says that his position on this bill has not changed, and he supports the mayor’s veto. He will vote against any attempt to override the veto.

UNDECIDED

Chairman Phil Mendelson: A spokesperson for Mendelson’s office says that he “hasn’t made any decisions about it and he’s not in a rush.” The spokesperson says the Chairman likely won’t know how he’s voting for sure until much closer to the vote (the vote is scheduled for January 22). He was one of the two councilmembers who voted against the legislation.

At-large Councilmember Anita Bonds: “Her vote isn’t determined. She doesn’t know how she will vote, she is looking to speak with folks and get more information,” a spokesperson for Bonds’ office tells DCist. “She doesn’t want to criminalize [fare evasion], but she also doesn’t want to encourage actions that will bring financial consequences for the city.”

Ward 7 Councilmember Vincent Gray: A spokesperson for his office says that Gray “wants to talk with Councilmember Allen about it and he is reviewing the Mayor’s veto to know more about the reasoning for her veto.”

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Ward 4 Councilmember Brandon Todd: A spokesperson for Todd’s office said that the Councilmember supported the bill previously, but he is not sure where the Councilmember stands on the bill now. Todd’s office did not respond to follow-ups asking for clarification about the Councilmember’s position.

This story has been updated with Muriel Bowser’s comments on the Kojo Nnamdi Show and the date of the veto override vote.