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"SB 87 Proposed Seat Belt Law is a Bad Idea"

By Maurice Byers.  March 7, 2005

 


I’m writing to state my unease with Senate Bill 87 which allows police to stop motorists, with no probable cause, to see if seatbelts are being worn. This is another example patently bad legislation and flies in the face of the 4th Amendment of the U.S. Constitution.  Unfortunately, it’s always risky for any politician to voice concern over law enforcement regarding reasonable limits to benefits, new equipment, and/or expanding power.  In Alaska, doing so often brings the label “soft on crime” coupled with the wrath of the Alaska PSEA.   This type of legislation often gets further than it should for that same reason.  It’s distressing when fear-mongering fans the flames of bad legislation like SB 87 and causes needless bond proposals/excessive budgets to be passed at the expense of schools, parks, libraries, and youth & seniors programs.  Additionally, “fear spending” places a heavy burden on communities which in turn must sustain salaries, benefits, and other operating costs-which generally exceed those in the private sector.  I get nauseous looking at the size of my property tax bill and how it’s allocated.

 

Should police be respected and paid fairly?  Of course!  I have 4 close relatives who are law enforcement officers.  Hence, I’m acutely aware of the challenges they face.  Yet, it seems reason has gone out the window when it comes to expanding law enforcement’s powers as well as operating costs in Alaska.  I have first hand experience.  As an aircraft mechanic for nearly 25 years, I often work late into the night.  On two occasions, while driving home from Anchorage International Airport to Peters Creek, I was pulled over by police.  Once, in the middle of winter, for a “dirty license plate” (which coincidentally was clearly visible) and the second time is anyone’s guess.  I don’t have long hair or drive a vehicle that might garner extra attention.  I’m just a father of six (nearly all grown), USAF veteran, who is active in his community (coaching sports, etc.).  But the officers allegedly had “probable cause” to pull me over.  Although I was not cited in either instance (likely because I had done nothing wrong) my concerns were heightened because I knew they were just “fishing” for something else for which to cite me (Perhaps I’d had one beer after work and would fail the ridiculously low ABT standard).  I’m troubled because having lived/traveled in 25+ countries (including Russia for two years and a recent 30 day assignment to Beijing, China) allowed for some interesting observations.  It’s relevant to mention this because in all the years of traveling around the world, in and out of “totalitarian” states, I’ve seen how personal liberty has been disregarded and undermined for convenience/profit…and too much of it was here...in my own country! 

 

It’s not being un-American when I say tactics used to interfere with individual liberties (in some of the countries I’ve visited) are identical to those we see evolving in our own.  The rhetoric to justify those tactics is also virtually identical.  “We’re doing this for your safety”, “It protects the children”, and “Our streets will be safer” are perennial favorites.  When I hear those phrases, it sends up a red flag.  Thanks, but I prefer to shoulder responsibility for my own safety.  Creating more laws creates more criminals...it is that simple.  As Winston Churchill once said, “Create 10,000 laws and you destroy all respect for the law”.  For example: In Russia, many refer to the police as “mooser” meaning “garbage”.  This has as much to do with the practice of pulling folks over (for no probable cause) then digging to find some infraction to receive a bribe, write a ticket, or both (I experienced it first hand on two occasions).  The Chinese have guards/police/PLA on virtually every corner in Beijing.  Sure, I felt “safe” but at what cost?  Are we destined to have a nation with police on every corner, detaining anyone they wish, with no probable cause? A nation where a citizen’s every expenditure and movement is tracked?  The folks who wrote the U.S. Constitution had a problem with that scenario, yet SB 87 is another step in that very direction.  We can only wonder what Senator Bunde was thinking when sponsoring this legislation.  I surmise he either wants to ignore the U.S. Constitution or find another revenue stream for the city/state…creating more criminals… to pay more fines! 

 

And while on my “soap box”, the sad state of air travel must be mentioned.  Frankly, if I resided Outside, I’d never fly domestically again!  Rather, I’d take an extra day or two and drive (as many other Americans are doing) in order to avoid the security “gauntlet” and high airfares driven, in part, by the excessive security.  Never mind no U.S. Aircraft had been hijacked with any weapon of consequence for 10-20 years preceding 9/11(the old modus operandi was the bluffing gun or bomb).  Never mind the tactics used by the 9/11 hijackers involved box cutters (which were legal to carry onboard an aircraft at that time) or that acts such as five passengers colluding and making a fictitious bomb threat (both used on 9/11)…are STILL undetectable!  Instead of looking at the problem in a pragmatic and reasonable manner, the Congress and Justice Department proceeded to rubber stamp laws undermining or eliminating liberties for which countless Americans fought and died.  Never mind the TSA has, to date, failed to catch one terrorist but has managed to confiscate millions of dollars worth of “weapons” (such as nail clippers and Leatherman tools) from law-abiding Americans…and let’s not forget the additional red ink TSA adds to the federal budget. 

 

Face it, we’re treated little better than criminals when forced to endure pat down searches, shoe removal, and the restriction of free speech-if any adamant complaint is made.  Just have a spat with a flight attendant about the dismal customer service the airlines now provide. You’ll be yanked from a flight and charged with the “terrorist” act of interfering with a flight crew, ending up on the “no-fly” list.  In fact one can end up on that list having done absolutely nothing!  One Alaskan had to have Senator Stevens intervene because there is no recourse to have an errant name removed…scary.   Thankfully, these things never happened to me; however I have witnessed what happened to others.  One finds out pretty quickly the price for standing up for individual rights can be pretty steep…missed flights, interrogation, more “extreme” searches, name added to “lists”.  Coincidentally, while flying internationally I’ve never been subjected to the level of violation to “personal items and space” in ANY other country, to the degree as U.S airports. 

 

This letter has gone on long enough. My message to you is:   There are more than enough laws on the books to keep communities safe and help law enforcement do their jobs.  Let’s work on more pressing problems such as fixing our broken educational system so the next generation can better prepare for competition in a global economy.  An added benefit would be reduction of many social problems stemming from the limited opportunities to which poor education often leads.  Alas, we’re building more prisons and hiring additional police to arrest those who continually “slip through the cracks”.  I’ll save the observations made on those aspects of my travels for another time.  Believe me, many Americans are in for a “wake-up” when the last protective barriers come down and the global economy has an even more significant impact of our lives.   

 


 

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