Texting While Driving Ordinance Is A Bad Idea. And You Might Have To Give Up Your Tom-Tom!

Jane Prendergast reports that City Council is poised to enact a ban on "texting while driving" within city limits. The law, being pushed by Chris Bortz, would be a minor misdemeanor for first offenders--carrying a fine of up to $100--and an unclassified misdemeanor for repeat offenders, who could be fined up to $500.

It's a bad idea.

Bortz's motion is available here. Given that the motion points to Columbus's TWD law as a model, the ordinance (which has not yet been written) will probably have the following characteristics:

• TWD will be a "primary offense." In other words, police can stop a driver on suspicion of TWD without observing any other traffic offense.
• Dialing a cell phone will not be banned.
• TWD while at a red light will be banned, but TWD while parked (out of the flow of traffic) will not.

So why is this a bad idea? First, the obvious: how does an officer know whether a driver is texting or dialing? An officer who pulls someone over cannot simply demand a motorist's phone and look through it. Instead, the Ohio Supreme Court has recently held that in order to examine the contents of a cell phone, an officer needs a search warrant. I can't wait to start watching trials in Hamilton County Municipal Court that are all about whether a driver was dialing or texting. That's just what the criminal dockets need: more traffic trials (usually with pro se defendants).

Second, the law is over-broad. My cell phone package includes a GPS program. As I read the Columbus law, even if I punch in my destination address before starting the car, I would be breaking the law if I look at the turn-by-turn directions on the phone while at a traffic light or stop sign. Nothing prohibits me from looking at a separate GPS device, or having an old-fashioned map spread across the steering wheel, or a sheet of paper with directions from Mapquest in my hands as I drive. But I could be fined one hundred bucks for trying not to get lost during a foray into Northside. That doesn't seem fair. It probably also isn't Council's intent; it is, however, prohibited by the proposed ordinance.

I originally suggested that a GPS device was OK. But re-reading the Columbus law, which bans looking at "internet-based content" on a "mobile communications device," the law as written applies to GPS devices. Of course, police won't enforce the law against a guy looking at his Garmin. And that will lead to a challenge of the ordinance on the grounds of selective enforcement.

Third, this ordinance will be just one more pretext to pull people over. I can already see an officer's arrest report:

Observed defendant holding something in his hands and looking at it. During traffic stop for suspicion of TWD, defendant made furtive movements with his hands, causing this officer to fear for his safety. Officer approached the vehicle and ordered the defendant out. After defendant was handcuffed for officer safety, the vehicle was searched and ________ was found.

Is this really a good use of City resources? The Enquirer has recently run stories about the cost of police overtime for court appearances. Do we need another reason for officers to come to court in pursuit of a hundred bucks for the city coffers?

This would be an awfully good time for those conservatives who like to complain about "the nanny state" to speak up.

Some Props for MidPoint

A very nice article in the Enquirer singing the praises of the MidPoint Music Festival. The festival schedule hopefully will be out in July. Until then, focus on Friday Nights, when you can see great music on Fountain Square for FREE!.

WLW Reporting Police Chief Thomas Streicher Retiring

700 WLW-AM is reporting that Cincinnati Police Chief Thomas Streicher is retiring. No details were included. Is there any additional info out there confirming this report?

Earthquake Felt This Afternoon In Downtown Cincinnati

Griff and I don't consider ourselves reporters, but I thought I'd break that rule for now.

A few minutes ago while on the sixth floor of my ten-story office building, I began to feel a rocking sensation. It seemed as if the whole building was rocking back and forth; it lasted for about 30 seconds.

My Facebook page is lighting up with similar reports all over downtown. I've heard from friends in Buffalo who say they felt something at about the same time.

This felt like a slightly stronger version of the minor earthquake we had early one morning a couple of years ago.

UPDATE: 700 WLW is reporting that this was the result of a magnitude 5.5 earthquake near Ottawa.

UPDATE 2: Here's a report from CBC News confirming the origin of the quake.

Watson Named Campaign Manager For Reece

CityBeat reports that Bernadette Watson, former candidate for City Council, was appointed as campaign manager for Alicia Reece's run for the Ohio House 33rd district's seat.

This is a lock seat for Reece, so her campaign team needs to be competent, not world class. I will be interested in seeing if this is a hands-on job for Watson, or will she be more of a figurehead? She might serve as more of a strategist, than as a day to day manager of staff and message.

PETA Loves a Butterless Jesus

The Oxford Press reports that PETA, the pro-animal rights group, has offered to rebuild the "King of Kings" statue located at the Solid Rock Church in Monroe. The statute known better as Touchdown Jesus and Big Butter Jesus, burned down recently after being struck by lightning. PETA sent a letter to the church leaders proposing a new statue of Jesus holding a lamb with an inscribed message reading "Blessed Are the Merciful. Go Vegan."

No word yet from the Church.

You can't make this stuff up.

Watch This: The Evolution of the Internet (or Play Bingo at Hamburger Mary's This Tuesday!)

I've been meaning to write a post about Watch This for some time, but I've also wanted to put something together about how it fits into the broader context of the internet. Here we go.

Ten years ago, it was popular to point out the following paradox: while bowling alley revenues were increasing, bowling league participation was decreasing. The idea was that people were becoming more and more isolated from each other. And the internet, at one time heralded for its ability to "connect" people, wasn't counteracting that trend. Generally speaking, it was thought that the internet was enabling people to avoid in-person contact with each other. Why go to a "brick-and-mortar" store when you can buy everything online? Why go to a bar when you can get a six-pack, stay at home, and go to a chat room? The blogosphere is largely part of this phenomenon: you've got the conservative bloggers, liberal bloggers, libertarian bloggers, and so on. You can manage to avoid all contact with anyone who might disagree with you.

Over the past couple years, I think there's been a backlash against that. People don't want the faux connectionalism of the internet; they want the real thing. So the internet has become a tool to create and facilitate real, face-to-face interactions. Cincinnati Imports in a manifestation of this trend. Candace Klein's Bad Girl Ventures is another example of using the web to create connections between people that go well beyond fiberoptic. And Watch This also shows the power of the internet to get people together in the physical world.

For those of you who don't know, Watch This is the brainchild of Alex and Allison (who, I believe, actually met at a Cincinnati Imports event). The idea: watch all of the movies on the AFI Top 100 Movies list in 2010. It started off simple enough. Alex and Allison would screen each of the movies in their living room, inviting anyone who read their blog to come over. Then, others started offering to host movies. Then they started to book larger facilities (including the 20th Century Theatre and, later this month, Fountain Square).

I'm ashamed to say that they're nearly halfway through the list, and I still haven't been to a screening. I'll fix that soon, though (how can any lawyer worth his salt NOT show up on August 27th for To Kill a Mockingbird?). Showing up at a non-friend's living room is a bit out of my comfort zone. But if you're like me in that regard, fear not: lots of future screenings are at places like Take the Cake, Baba Budan's, and Grammers.

It turns out, though, that you can't just rent a movie and invite a bunch of strangers to a public place to watch it. Instead, you've got to pay for the screening rights to do that. So tomorrow night, Hamburger Mary's is hosting a fundraiser to help defray those costs. From 8:00 to 10:00, you can stop by the restaurant/bar (on Vine between Ninth and Court) and play drag-queen bingo. Apparently, there's prizes. And Hamburger Mary's has invented a drink for the occasion--vodka cherry lime with Cotton Candy.

So if you've been to one of the movies, or if you think you might go, pop into Hamburger Mary's for a fun, bingo-filled night (there's even prizes!). And show up to a movie sometime; I know I will.

(I do have one question about Watch This: when the movie is hosted at the Cincinnati Athletic Club, does everyone go for a naked swim afterwords?)