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Strong signals Cell phone ban for drivers faces possible bumpy road by Jesse Froehling

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A delivery truck almost killed Ward 1 have happened if I were not distracted ment would have no way to distinguish Councilmember Dave Strohmaier as he by the phone. So I imagine I will come between someone singing to their car stereo and calling home. A representawas walking home following the coun- around.” Not enough legislators came around tive from the local amateur radio club cil’s March 11 committee meetings. “I won’t name the company,” says to save the bill introduced by Rep. Bob attended the committee meeting to ask Strohmaier, “but the driver blows right Lake, R-Hamilton, earlier this session. that his constituents receive an exempon through the intersection while talking Lake, like Strohmaier, pointed to an tion from any ban. Similar exemptions abundance of data from the National were discussed for emergency personon his phone.” The near miss couldn’t have been Safety Council (NSC) to support his bill. nel and police officers. Other committee members wonmore prescient. Earlier that morning, Statistics show cell phone use conStrohmaier introduced a ban on tributes to an estimated 6 percent of dered how the city would educate the Missoula drivers using cell phones. It’s crashes yearly, which equates to 636,000 public about the law. Missoula Police something he hoped wouldn’t be necessary, but after three different cell phone bills died in Helena this legislative session, Strohmaier decided to take matters into his own hands. The city’s Public Safety and Health Committee discussed the topic at length, but took no action. A public hearing has not been set. The fate of the recent legislative bills and the committee’s debate over the proposed ban speak to the hangups of restricting personal cell phone use. While national statistics overwhelmingly show the dangers of talking Photo by Chad Harder and driving, only six states and Washington, D.C., have While national statistics overwhelmingly show the dangers of talking and driving, passed cell phone bans for only six states and Washington, D.C., have restricted the use of cell phones. drivers. Critics argue any law would infringe on personal freedoms— crashes, 330,000 injuries, 12,000 serious Chief Mark Muir noted the ban could an argument that strikes a chord in injuries and 2,600 deaths per year. NSC potentially surpass speeding as the city’s also estimates the chance of crashing top traffic offense. He said police already Montana. Ward 5 Councilmember Dick Haines increases by a factor of four when a dri- have plenty of opportunities to stop told the committee that although he ver’s talking on the phone. Despite the motorists and don’t necessarily need would support such legislation, he numbers, Lake’s bill died in the House another one. Another detail that caught the comunderstands why a law restricting cell Transportation Committee under the phone use has never passed in weight of legislators waving the civil lib- mittee’s attention was the ban’s inclusion of bicyclists. While some members Montana—or, for that matter, nation- erties’ flag. “There’s a group that is saying that joked that it was physically impossible wide. People in eastern Montana will fight “tooth and nail” to keep personal personal freedoms would be hindered if to hold a phone to your ear, grip a hanfreedoms, he said. Ward 3 we start telling people what they can do dlebar and maintain balance, Councilmember Bob Jaffe agreed, won- when they’re driving,” says Lake. “It fell Strohmaier argued that was exactly why dering where City Council should draw into the same group as the primary seat- it was important to add bicyclists to the belt group. They felt like mandating ordinance. the line. “There’s a lot of things you can do in these things steps a little too far into per“I think operating a bike while talking a car that will distract your driving,” Jaffe sonal freedoms.” on a cell phone is every bit as dangerous It was that camp, Lake says, that as operating a motor vehicle,” Strohmaier said. “But talking to friends, eating—it all caused his bill to be tabled indefinitely. regulates how we drive.” says. “Bikes are considered vehicles. “There was not a lot of opposition,” Therefore the ordinance ought to apply Jaffe also touched on the proposal’s other major hurdle—a majority of he says. “It was just the committee itself to both bikes and motor vehicles.” Americans have made a habit of talking that got tangled up in it.” The Public Safety and Health Strohmaier’s proposal has the Committee plans to hammer out the on their cell phone while driving, and chance to get similarly tied up in details before opening the debate to will be reluctant to change. “As a frequent user of my cell phone Missoula. Although most committee public comment. Until then, Strohmaier, while driving, I am hesitant to get behind members voiced support for the gener- who walks to and from city council meetthis one,” he wrote on his listserv fol- al idea, the details proved tricky. ings, will keep to the sidewalk and watch lowing the committee meeting. “But on Strohmaier suggested extending the out for drivers on cell phones. the other hand, I know I have made ban to hands-free devices like bonehead driving moves that would not Bluetooth headsets, but law enforcejfroehling@missoulanews.com

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