April 10, 2026
Dear Director Kirschbaum and SFMTA Shared Spaces Management Team,
We submit this formal administrative complaint regarding the administration of the Shared Spaces permit for the 400 block of Hayes Street, including sustained noncompliance, lack of enforcement, and related procedural concerns.
This complaint is intended to establish a formal administrative record and to request corrective action.
1. Sustained Noncompliance and Failure to Enforce
Over the course of approximately 70 weeks, we have documented repeated and ongoing noncompliance with the conditions of the Shared Spaces permit governing the 400 block of Hayes Street. This documentation has been consistently provided to SFMTA through written correspondence, public comment, and supporting materials, including photographs and weekly logs.
Despite this sustained record, SFMTA has not taken meaningful enforcement action, nor has it required consistent compliance with permit conditions. The permit has instead been allowed to continue in operation. This pattern raises serious concerns regarding the agency’s administration of its program requirements.
In prior correspondence, SFMTA staff have indicated that the agency does not maintain a dedicated enforcement function for Shared Spaces permits, relies primarily on complaints rather than proactive monitoring, and has not articulated clear thresholds for suspension or revocation. This further raises concerns regarding how permit conditions are evaluated, enforced, and applied in practice, particularly where sustained noncompliance has been repeatedly documented. This raises further concern that enforcement decisions are not guided by clear, consistently applied standards.
2. Inconsistent and Selective Application of Standards
The continued operation of the permit, despite extensive documented noncompliance, reflects an inconsistent application of enforcement standards.
The agency has not articulated how continued authorization of this permit is consistent with its obligation to administer the Shared Spaces program in a fair, consistent, and accountable manner.
This lack of consistency undermines public confidence in the program and raises concerns regarding unequal treatment of similarly situated stakeholders.
3. Exclusion from Process and Lack of Meaningful Engagement
Separate from enforcement concerns, SFMTA has engaged with a limited subset of stakeholders while excluding others directly impacted by the closure, including residents, small businesses, and independent neighborhood groups.
Repeated requests for engagement, including requests to meet with senior agency leadership, have not been meaningfully addressed.
This reflects a process that lacks transparency and does not reflect inclusive or balanced community input. This has also had tangible impacts on residents and small businesses directly affected by the closure, who have not been meaningfully included in the process.
4. Procedural Concerns Regarding Ongoing Study and Policy Direction
We also have concerns regarding the ongoing “Hayes Street Public Life Study,” which is proceeding without a clearly defined scope, decision-making framework, or evaluation of reasonable alternatives.
Based on available information, there is no indication that reopening the street is being considered as a baseline condition or evaluated as a reasonable alternative, and it is unclear how the study’s findings will be used in future decision-making.
We request clarification regarding the authority, scope, funding source, and decision-making framework governing this effort.
5. Impact on Civic Participation
The environment surrounding this process has also raised concerns regarding the treatment of stakeholders engaging in routine civic participation.
Recent legal action brought against a member of our coalition based on documentation of public street conditions and communications with city agencies was dismissed in full following a hearing, with the court affirming that such activity constitutes protected civic participation.
This underscores the importance of ensuring that individuals participating in public process are not discouraged or marginalized.
6. Requested Action
Given the sustained pattern of noncompliance, lack of enforcement, and procedural concerns outlined above, we request that SFMTA:
- Initiate immediate revocation of the Shared Spaces permit for the 400 block of Hayes Street;
- Provide a written explanation of how continued operation of this permit is consistent with agency enforcement standards and program requirements.
We request a written response to this complaint within 7 days.
Absent such justification, continued authorization of this permit appears inconsistent with the agency’s obligation to administer its programs in a fair, consistent, and lawful manner.
This complaint is submitted to establish a formal administrative record. We reserve all rights to pursue further remedies under applicable law should these issues remain unaddressed.
We are prepared to provide supporting documentation upon request.
Please confirm receipt of this complaint.
This correspondence has been edited for clarity and conciseness. Routine greetings and contact details have been omitted; the substance of the communication remains unchanged.