OAKLAND (CBS SF) — An attorney is filing a lawsuit on behalf of a man who was allegedly racially profiled by BART police after he ate a sandwich on the platform last week, the attorney for the man said Wednesday.

The suit will be announced by attorney John Burris at 2 p.m. at his offices in Oakland on behalf of Steve Foster. Foster was stopped by BART police for eating on the platform at the Pleasant Hill/Contra Costa Centre Station at 8 a.m. Nov. 4.

Foster is black. State law prohibits eating in the paid area of the BART system.

“These BART officers engaged in racial profiling, and selective law enforcement in that BART patrons routinely eat sandwiches and other food on the platform and BART trains without any law enforcement intervention, chastisements or other admonishments by police,” Burris said in a statement.

RELATEDBART General Manager Issues Apology To Man Cited For Eating Sandwich At Station

Foster was stopped by BART police Officer D. McCormick at the station at 1365 Treat Blvd. in Walnut Creek. The officer then proceeded with writing the citation, handcuffing Foster and saying he was resisting arrest and being detained for not cooperating. Video of the incident posted on social media led to an avalanche of criticism over the officers actions.

Burris said BART police typically do not enforce the “no eating” rule.

© Copyright 2019 CBS Broadcasting Inc. and Bay City News Service. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.