Editorial: Nothing to do about texting - for now

Everyone has an opinion on texting while driving. Despite that, members of Lima City Council should listen to Law Director Tony Geiger on this one. Councilors have no need — or ability, really — to address the issue until after state lawmakers do.

The issue came up Monday. Safety Services Committee Chairwoman Teresa Adams, after a four-year break from City Council, wanted to catch up on issues facing the committee: texting while driving and traffic cameras.

The city briefly tried using cameras to catch speeding drivers and was going to use them at red lights, but Nestor Traffic Systems’ bankruptcy ended all that. Mayor David Berger has said City Council would have to bring back traffic cameras if Lima is going to use them again. It will be worth watching to see what Adams’ committee and City Council as a whole do with traffic cameras.

Texting presents a more immediate solution. It goes against the nature of those elected to office, but the proper thing to do here is nothing. Anything the city does on texting could run into the Constitution. City lawmakers would lose. Don’t take our word for it. The Ohio Supreme Court has said police need search warrants to examine cell phones, which would be the prime evidence in enforcing a texting-while-driving ban.

We understand the desire to ban texting while driving. It’s often dangerous, and example upon example bears that out. But passing a law that can’t be enforced isn’t going to address the safety issue.

Toledo has a ban, but the city can’t enforce it. Lima City Council passing anything before state lawmakers do is just asking that this city have what would amount to an ineffective law so councilors can say they did something. It’s better to wait.