SEPTA wants to oppose Larry Krasner’s suit to stop a state prosecutor for transit crime

SEPTA says it needs to fight crime on the transit system and a special state prosecutor could help. That’s why the transit agency is opposing District Attorney Larry Krasner’s legal challenge to a law mandating one.

The law, called Act 40, gives shared jurisdiction to the state and Krasner to investigate and prosecute crimes, SEPTA said in a statement. Krasner has filed a suit to block the law, claiming it is unconstitutional.

“SEPTA’s top priority is to improve safety, security and cleanliness on the system, and [the law] aligns with those efforts,” it said.

A motion to make SEPTA a party to Krasner’s case was filed Tuesday with Commonwealth Court, an appellate panel that handles disputes regarding the actions and powers of the state. In it, the transit agency referred to Act 40 as creating a “new role to supplement” the district attorney.

Until this week’s filing, SEPTA had stayed publicly neutral on the law.

The District Attorney’s Office declined to comment, referring to earlier statements.

The law takes aim at a district attorney elected twice by voters of the state’s most diverse city. And SEPTA has an urgent need to clean up the (largely false) perception of rising crime and the reality of social disorder on transit in the city.

The law, which Gov. Josh Shapiro signed in December, comes as SEPTA is facing significant financial challenges that could result in service cuts of up 20%. In his budget address earlier this month, Shapiro proposed a boost in the state share of funding for public transportation by $282.8 million, which would generate about $160 million for SEPTA. But the governor warned that the transit agency of his home region must do more to ensure public safety.

Krasner’s office filed suit in January to stop state Attorney General Michelle Henry from implementing the law. His lawyers say that it usurps the authority of an elected county district attorney; singles out Philadelphia, in violation of the state constitution’s equal protection clause; and undercuts the will of city voters.

SEPTA’s lawyers argued in their filing that the issue is not ripe for a court decision because no special prosecutor has been appointed and Krasner’s office can’t show it has suffered harm. And it says the allegation the law disenfranchises voters lacks legal merit.

Commonwealth Court has set a tentative date to hear the challenge for April 8. An earlier request for an injunction blocking the attorney general from implementing Act 40 was denied.

Meanwhile, the attorney general has not yet appointed a special prosecutor, but the position remains open and is posted, a spokesperson said.