DISRESPECTFUL? (A WCHL Commentary)

I suspect the entire country knows by now that the Chapel Hill Town Council voted 5 to 4 to ban all cell phone use while operating a vehicle.  Prior to making this decision they heard plenty about why this isn’t a god idea, but they did it anyway.  It appears that logic and common sense was trumped by the desire to be the first to have such a law, even if it was uncertain that they stood on firm legal ground to do this.   

This action is also troubling because our police officers now have an even harder job.  If they stop someone and cite him or her for this secondary offense, the exceptions, discriminatory, counter-productive, and illogical as they are, will probably be used to get out of a ticket.  What’s the officer to do to prove that someone’s untruthful, snatch the phone and review the call history?  What about our many visitors?  This “only in Chapel Hill only law” will confuse them.   

Bottom line is that this unenforceable law will lead to less respect for the law, and it’s not clear that it has any chance of affecting the serious problem of distracted driving.  Many people will continue to drive while talking on their phones, and they will feel smug about doing so if some court throws it out.   

The five in the majority didn’t want to wait for the General Assembly to act, nor were they willing to wait to learn how much their education plan might actually cost the taxpayers.  If you respect our citizens, our police officers, and our visitors, is this a way to show it?  I think not.

DISCONNECT? (A WCHL Commentary)

 I wasn’t at Town Hall on Monday, February 20^th but I watched the proceedings from the comfort of home.  Too bad what I heard didn’t make me very comfortable.  I appreciated the emotional and heartfelt comments from those who want the Town of Chapel Hill to be the first jurisdiction in North Carolina to ban the use of cell phones while driving.  I get that driving while distracted is not conducive to the safe operation of a moving vehicle, and I also get that unsafe driving puts people at risk.
 

What I don’t get is how the proposed ordinance with various loophole exceptions solves the problem.  As a secondary offense, a police officer can only cite you for cell phone use if you are stopped for some other reason.  If that’s the objective, the fine of $25 isn’t much of a deterrent.  How will officers know if you were using a hands-free device?  I guess the officer can say your lips were moving, but do we want to place our officers in that position?   

The last thing we need is an ordinance that is overly difficult to enforce.  Moreover, we aren’t even sure that the proposed ordinance is legal.  I didn’t feel very reassured when I heard our Town Attorney say that he believed it could withstand a court challenge.  Of course that might mean we will have to spend money on another court case and surely, we have better things to do with our money.  Education is the key so let’s educate about all driving distractions and not pass an ineffective ordinance just to be able to brag that we were first.  Is there a disconnect here?  

CIVILIAN REVIEW (WCHL Commentary)

In recent weeks, you have heard two commentaries in support of a petition to create a civilian review board for our Chapel Hill police; today you will hear one opposed.

Mr. Barry Freeman said a board is needed because of the way he and his wife were treated by an officer while they were protesting the opening of the Army’s Career Center in December, 2006. I was there and observed a police officer politely ask the couple three times to put down their sign while on private property, or move to the public area where they could protest with their sign. They refused. The officer told them he would have to cuff and arrest them. They still refused and the officer did as he said he would do. I observed the officer exercising extreme care and courtesy. The Freemans, not the officer, displayed improper behavior.

During 2007, out of thousand and thousands of citizen contacts, the Chapel Hill Police Department received 26 citizen complaints and only one complaint was sustained. I fear that a citizen review board here is a solution looking for a problem because we already have several mechanisms. Also, it would take authority away from our chief to hold officers accountable for their actions in a timely and appropriate fashion, and it would make our force less effective. If we don’t think our chief can the job that we have asked him to do, we need to get a new chief.

Our officers have a very tough job, and they typically do it very well. If only all citizens upheld their responsibilities just as well.