Berkshire Eagle 4-24-04
Berkshire Eagle
I Publius
By Alan Chartock

Overbearing legislators

Saturday, April 24, 2004 - When is enough enough? How much should society do, by way of making new laws, to protect its citizens? For example, we have decided to protect citizens of New York state -- but not of Massachusetts -- from drivers who use their cell phones the old-fashioned way, by holding them against their ears.

In Massachusetts, we demand that at least one hand be kept on the wheel at all times. I should hope so, because we know that cell phones distract drivers and cause accidents. In New York, we demand that they be attached to some hands-free gizmo that you put around your ear. Naturally, the gizmo keeps falling off, and you have to try to get it back on. That in itself could get you killed.

The around-the-ear gadget has a microphone attached to it, but you still have to dial the phone by hand. It is the dialing that is often the most distracting and, therefore, dangerous part of the operation. That's why some people want to outlaw cell phone use in the car altogether. After all, we have a law that says that you can't watch TV while driving.

My cell phone lets me press a single button and then voice-dial. You might say, for example, "Home," and the phone will dial my number. Of course, you still have to look down to press that button, and that could be the crucial moment of distraction. Then, too, some of us have been known to peel oranges, change the radio station or put a CD into the elaborate auto amusement center. Each of these activities is just as dangerous as dialing the phone. There is a catch-all legal category that will allow a police officer to give you a ticket if she catches you doing any of those activities. As a society, we have gotten very used to our cell phones in the car.

Cell phones are a great device, alleviating boredom and helping us be more productive in our jobs. The question is whether Massachusetts should be more like New York and institute the law that protects its citizens but makes those of us with cell phones a little less happy. I suspect that most politicians know the genie is out of the bottle and don't want to be the ones to encourage the wrath of the citizenry who want their cell phones whatever way and whenever they want to use them.

Cell phone usage is just the beginning. Now, a New York legislator wants to institute a law that discourages obesity. We have already banned smoking in public places. That's a great law, but it should be clear to everyone that we are eating ourselves into early graves and that obesity kills more people every year than smoking and cell phones.

It would be a good idea to pass laws suggesting that no vending machines with unhealthy food be allowed in school cafeterias and that restaurants list the ingredients of their dishes on menus just as we do on the packaging of prepared foods. That way, we will not be able to fool ourselves into eating things filled with sugar and salt and evil fats.

Over in New York state, a lot of people have dogs that bite people. I know, I know (hold your letters). Pit bulls can be good dogs, but every day we read something about someone who has been on the wrong side of these animals. One South Bronx legislator wants to pass a state law that demands that every dog owner buy an insurance policy that would pay out to someone who was bitten. If there is one thing that people won't tolerate from government, it's messing with their dogs.

We already know that most people in New York don't even bother to register their dogs, so what makes us think they're going to cough up the new $75 fee? Apparently, the idea is to make the dangerous breeds pay a higher premium than the less dangerous dogs. Maybe they'll do that based on experience -- you know, how many Dobermans or Jack Russell terriers bit people last year and what the damage was.

Of course, just because you have a law doesn't mean that people will obey. A lot of places have leash and pooper-scooper laws, but we have a lot of leavings on our lawn that don't come from our dogs. I don't think that the docket in Judge Rutberg's court is filled with pooper-scooper violations and, even if there were such perps brought to justice, what would the judge do to them?

We live in a world where we are our own worst enemies. In my case, there should probably be a law against working too hard or not sleeping enough. I know I work too hard. I don't need the law to tell me that I'm hurting myself. We already have too many laws, too few people obeying them and a bunch of legislators in search of something to do.

You want a good law? Think about a law punishing legislators for looking for too many frivolous laws.

Alan Chartock, a Great Barrington resident, is chairman and executive director of WAMC Northeast Public Radio and a professor of communications at SUNY-Albany.

- posted by Alan @ 4/24/2004 05:18:00 PM