Group proposes banning texting in Sioux Falls, but do they have the law on their side?
l3wis 
Do I think people should be texting and driving? No. If you participate in texting and driving, please, stop. It’s stupid and dangerous, and believe it or not, you could harm or kill yourself if not someone else. Yes, it is that serious. In fact some studies have proven that texting and driving is more dangerous then drinking and driving. That being said, I commend this local group for advocating a ban, but their approach worries me a bit;
Coordinator Rich Lauer said Sioux Falls has an opportunity under home rule to regulate distracted driving, and it’s the city’s obligation to do something to reduce the threat to public safety. He also said it has been proven that majority of people stop whatever behavior it is a law prohibits, which is what he thinks would be the case with a texting while driving ban.
The group’s proposal calls for prohibiting texting while driving anywhere in city limits, with no exceptions. The other piece of the proposal would forbid the use of any handheld electronic device while driving in a school zone when children are present, with exceptions for law enforcement, fire rescue, and EMT personnel on official business.
So what part of this proposal worries me? The US Constitution and the State Constitution trump ANY city ordinance. The Home Rule charter has been challenged twice in recent years and has been found to be unconstitutional (Daily vs. SF and the Red Light Camera suit). I’m afraid that if Sioux Falls implements this ‘ordinance’ there will be court challenges. Sure, like mentioned in the video, just like code enforcement, most people will comply, and heck, why shouldn’t they? Like I said above, texting and driving is stupid, and you shouldn’t be doing it anyway, but hey, I still know people who don’t wear their seat belts.
Coordinator Rich Lauer says he was ‘disappointed’ the state did not pass a ban. I agree, so do the right thing. I think this group’s time would be better spent trying to change state law, in fact I encourage them to make it a ballot issue and put it on the November ballot, but please, don’t open the city up to more constitutional lawsuits, we have an Events Center we have to pay for, extra money for attorneys is sparse.
(Their proposal will be made at the public services committee meeting today)
