Paramount Theatre
Jaywalking Enforcement Is Uneven
RECEIVED Wed., April 25, 2012
Dear Editor,
The law is the law. You just can't amble your way out of, around, or through the law whenever you feel like it. Let's leave aside the purpose of the jaywalking law for now (protection, prevention, punishment, etc.) – and just assume it's the same as every other law, reasonably. Because the law is the law, it must be applied equally to everybody, under every circumstance. You cannot exercise it with regard to some people (e.g. Leander High School students) sometimes (during rush hours) and not to others (students on the UT campus) at other times (Downtown during South by Southwest). You cannot give the public the impression that you're not “really serious” about enforcing a law, that you'll turn a blind eye to its violation, then turn around and say “gotcha.” Take laws against sodomy (illegal in Texas until 2003): You cannot not enforce them and then suddenly charge into people's homes to “make an example” of them out of the blue. This is in direct violation of the 14th Amendment and has been ruled by the Supreme Court to be unconstitutional. The law cannot be enforced selectively, which is clearly and overwhelmingly the case here, for jaywalking, or it is no law at all. And since we don't live under tyranny, we can assume there is reason behind each of our laws. Therefore, might I suggest, in keeping with the principle of reasonableness, that our city official-elects look instead at where pedestrian and cyclist fatalities are most common and put in at least one safety measure (crosswalks, crossing signs, lights) – instead of handing out $200 tickets to high school students – if your goal is truly, as you state, prevention, and not simply the generation of revenues and the fulfillment of Austin Police Department quotas? Some paint and a sign don't cost that much – and, after all, you apparently already know where all the hot spots are, and have staked your cops there. If Austin truly is to become a world-class city rivaling New York, San Francisco, Chicago, Seattle, Vancouver, etc., it needs to stop treating the people who walk it (and bike across it) like second-class citizens and offer protection and respect for all.
The law is the law. You just can't amble your way out of, around, or through the law whenever you feel like it. Let's leave aside the purpose of the jaywalking law for now (protection, prevention, punishment, etc.) – and just assume it's the same as every other law, reasonably. Because the law is the law, it must be applied equally to everybody, under every circumstance. You cannot exercise it with regard to some people (e.g. Leander High School students) sometimes (during rush hours) and not to others (students on the UT campus) at other times (Downtown during South by Southwest). You cannot give the public the impression that you're not “really serious” about enforcing a law, that you'll turn a blind eye to its violation, then turn around and say “gotcha.” Take laws against sodomy (illegal in Texas until 2003): You cannot not enforce them and then suddenly charge into people's homes to “make an example” of them out of the blue. This is in direct violation of the 14th Amendment and has been ruled by the Supreme Court to be unconstitutional. The law cannot be enforced selectively, which is clearly and overwhelmingly the case here, for jaywalking, or it is no law at all. And since we don't live under tyranny, we can assume there is reason behind each of our laws. Therefore, might I suggest, in keeping with the principle of reasonableness, that our city official-elects look instead at where pedestrian and cyclist fatalities are most common and put in at least one safety measure (crosswalks, crossing signs, lights) – instead of handing out $200 tickets to high school students – if your goal is truly, as you state, prevention, and not simply the generation of revenues and the fulfillment of Austin Police Department quotas? Some paint and a sign don't cost that much – and, after all, you apparently already know where all the hot spots are, and have staked your cops there. If Austin truly is to become a world-class city rivaling New York, San Francisco, Chicago, Seattle, Vancouver, etc., it needs to stop treating the people who walk it (and bike across it) like second-class citizens and offer protection and respect for all.
Cliff Everest
