NANNY STATE UPDATE!

From Eric Dondero:

It started with banning texting in cars, even though there were laws already on the books against "distracted driving," in virtually all state and local jurisdictions. Now, the creeping Nanny State is moving into other areas regarding the operation of one's vehicle. But whose property it it anyway?

The City of Austin, a liberal mecca in the heart of staunchly conservative Texas, has just become the first city in the State to ban texting. But now the city council is wanting to take it a step further.

From the Austin American-Statesman, Dec. 15:

[Democrat] Council Member Chris Riley . "The language we're proposing is broader ... but it really is about safety."

But the proposal from Morrison and Riley also shows how tricky it can be to regulate the use of rapidly changing technology. For instance, why should a driver be penalized for changing the music settings of an iPhone but not those of an iPod? That is a concern of Chip Rosenthal, chairman of the city's Community Technology and Telecommunications Commission, which advises the City Council.

Rosenthal and other critics say that the ban is already worded awkwardly and could pose enforcement difficulties and that the proposed changes make it worse.

"Part of the task of being a good driver is managing what they call secondary activities," Rosenthal said. "Some, like texting, are dangerous and shouldn't be allowed. Others, like tuning radio stations, a driver can do safely in most conditions. I'd like to know under what circumstances all secondary activity using a phone is deemed unsafe.

Switching tracks while Rocking Out could soon become a Crime

Libertarian Tech Guru Scott Allen, who lives in Austin, writes on his Social Media blog:

There’s already a law that covers this – it just needs to be enforced. And the existing law takes care of all the ambiguities and irrationalities around the new law. For example, just pressing the next song button on your phone seems to be illegal under the new law, but shuffling through radio stations or even swapping CDs isn’t. And how is a GPS on your dash any less distracting than the GPS on your phone, which you can hold up in front of your face so you can see the road at least a little better? Or what about the proverbial putting on makeup or shaving while driving?

No one will probably ever get stepped for pressing the next song button, because cops can’t see it, and it doesn’t noticeably affect their driving. But the point is…that shouldn’t be illegal. The point is…it’s not the act of texting itself that violates the harm principle; it’s the reckless driving that results from it. And there’s already a law against that.

So really, Austin City Council, don’t you have anything better to do with your time???

Similar statewide bans are currently under consideration in Missouri and Pennsylvania. Meanwhile Congress is currently considering legislation to force states to adopt a federally mandated ban on all texting while driving, or lose federal transportation dollars. (Source: Pennlive.com)

Hat tip to Cindy Mallette of Americans for Prosperity - Texas for brining us this news.