They are at it again. The Mayor has declared that she wants Houston to be the first major city to ban Texting while Driving. Mayor Parker has declared that if the State fails to pass legislation, then she will take it into her own hands, and that of City Council. Now before I rant about why this is just plain wrong, I want to make sure that the seriousness of the issue doesn’t get lost or that what I say doesn’t come across as insensitive. As the recent Houston Chronicle article noted, 13% of 3,000 traffic fatalities could be blamed on texting while driving. That is roughly about 390 traffic fatalities that were preventable, but what about the other eighty-seven percent?
The strong and long arm of our city government again wants to turn an issue into a muscle match to dictate what and how you live your life. If you remember last year, I was one of the biggest opponents of the feeding ordinance that made it illegal to feed more than 5 homeless people at a time on public property without first getting the Mayor’s permission. Many were confused why anyone would be opposed to the “coordination of feeding efforts,” but that was not the main source of the opposition. It is about the local government going too far. It is simple to say you should get permission from the City to feed people on Public property, but when will the “needing permission” stop? If there were a rash of children getting hurt on public playgrounds, would the City then start requiring that prior to you playing on the Public playground you must first sign a waiver of liability and proof of insurance and file it with the Mayor’s Office? Requiring individuals to get permission to use public property for feeding sets us up for this type of nonsense going forward all in the name of “Public Safety.”
Now the Mayor wants to use the same Public Safety cloak to again be everyone’s parent because you cannot care for yourself and you need her to save you. Making it illegal to text while driving is a bad idea for numerous reasons and City Council should not vote to support such a proposition.
The first reason is because making it illegal will not solve the problem of texting while driving, it will only increase revenue to the city for violators much like speeding does. Getting a ticket is not a deterrent for individuals that speed, it only becomes a thought when an officer is within your purview. The same will apply to the new proposed texting ban. Second, under the color of law, all law must be applied equally and all protections applied equally. So if it is illegal for an electronic apparatus to be used while driving, then that would mean that HPD could no longer search their in-car computers while driving as well. I don’t think the City or HPD is ready to make that move, so the texting ban must stand down as well.
The last, and most important reason, this proposed ban must fail is because like the feeding ordinance, once we let Big Sister regulate what we do while we are driving, then there is no limit to where she will stop. Texting while driving is a distraction, but so is eating a Whataburger with bacon, jalapeños and cheese while drinking a 44 oz. Dr. Pepper. If we make it illegal to perform one distraction, shouldn’t we ban all distractions, including changing the radio station, which in one of the leading causes of motor vehicle accidents or arguing with a co-rider, which is also in the top causes of motor vehicle accidents?
It is absurd to think that the local government can ban these types of things while we are driving, but if we allow the Mayor and City Council to pass an ordinance making it illegal to text while driving, then we are opening the door to allow them to ban anything that can distract us while driving. A distraction is a distraction regardless of what it is, and we need to take ownership of our own actions and behaviors while we operate a motor vehicle. There are already laws on the books that allow for a citation for the unsafe operation of a motor vehicle as well as reckless driving. If a peace officer feels so inclined to pull someone over for erratic driving because of a distraction in their vehicle, then let them do so, but we do not need additional laws enacted as a money grab cloaked in public safety.
As technology advances, so will cars and mobile carriers to sync with each other to allow the safe operation of both. Let’s encourage these two industries to find a solution quicker rather than later to address the root cause and solve a problem, not profit from a sensitive subject. When families get involved in the process and have an impact on business development that provides for true public safety, then that is when the community really thrives, and in my eyes . . . COMMUNITY COMES FIRST!