“Call me crazy, but doesn’t Roberts Rules and city charter trump the US Constitution?”
As mentioned in my last post about banning guns on city property, the mayor and city realized that city ordinance just didn’t have the ‘teeth’ to ban guns. This is what will happen with the text ban. Like I have said in the past, texting and driving is incredibly stupid and dangerous, but until state law changes to include distracted driving as an offense in an accident report, the ordinance is really unenforceable.
Councilor Erpenbach said this in the Public Services Meeting on Tuesday (FF: 25:00);
“Everyone around us is doing this and it’s crazy that we are not.”
No, it is not. ‘Crazy’ is not following your US and State constitution when implementing laws. While I commend the councilors enthusiasm on this issue, it is not within the city’s legal rights to implement this ban. I can’t believe this got pushed unto the council agenda . . . wait, yes I can.
keloland.com had a story about how Aberdeen was going to try to implement a texting ban a while back, but they wisely ditched the idea.
Let’s think about this for a minute. How exactly is an officer going to know if you are hitting the button on your cell phone to make a call, or whether you’re hitting a button on your phone to send a text message ? Wouldn’t they have to actually take possession of your cellphone and check your “sent” messages ?
If so, would they be allowed to do so without presenting you with a judge-issued warrant for the search ? If so, it smacks of a pretty clear-cut 4th amendment violation to me.
Make no mistake, this proposal has more to do with “My Mad-man Mike” and his penchant for “revenue raising” than it does with actually saving anyone’s life.
I actually think it has to do with testing the waters of the power of city charter. The PD has already pretty much admitted they cannot enforce this measure.
A better approach would be to put up billboards of bodies strewn across a highway due to texting and driving.
My mom sent me a ‘nice’ photo of a fellow who was texting while driving. Still can’t get it out of my head.
Fines are silly.
It is part of the fee based economy, the Sioux Falls economy. Keep making mistakes and we will fine / fee you. Use more water: fee. Don’t trim your tree: fee. Don’t mow your lawn: fee. Use the wrong landscaping rock: fine / fee.
Look at everything being done in Sioux Falls by the administration and how they are going to pay for it. Their edifies are being built using our normal, longstanding taxing programs. To run the city government this administration like the previous, have decided to levy fines and fees to fill the budget shortfalls.
I see this texting ban with fines just another reason for the black and whites to have justification to pull us over. BTW, will we be able to pull over the cops when we look over and see them playing with their computers and phones? Those of us who drive in higher profile cars often look over and see them typing. Maybe this is a reason they don’t want to mees with a foolish ban?
And they continue to nickel and dime us on property taxes even though property values have been stagnant in SF;
http://www.argusleader.com/article/20120713/UPDATES/120713012/County-Commission-approves-4-million-property-tax-increase?odyssey=tab|topnews|text|Home
If we had a court system that truly believe in individual rights, this wouldn’t even be considered. I’m against any of these types of laws that give police the right to pull over anybody for little to no reason. Let’s say Lewis angered a cop over something he wrote here. The cops could continually harass him and justify it by saying they thought he was texting. Unlikely? Sure, but it could happen and I bet for some people that will be the reality. But I’m probably a minority on this, as I believe alcohol check points and speed traps also reek of “show me your papers” Germany.
This guy is my hero.
http://www.youtube.com/watch?v=fDCXzqgD99o&feature=player_embedded