Well you just admitted it applies more to public transit because they need a police to kick them out. If I can be an asshole and no one is able to show up and stop me, I have effectively the freedom 'de facto' to be an asshole even if I do not have 'de jure' freedom to be an asshole.
Personally I'm not so sure police in NYC can kick people out for 1st amendment protected activity, which was what I specifically referenced the asshole activity being under the umbrella of. That was your assertion, that while I contested how pragmatic it might be, I never stated whether I believed it was true or not.