As cell phones have become more prevalent in our society, so have the number of cell phone related injuries. These injuries are that which cause harm to life, liberty, or property, and it is time that we protect our rights by passing a Distracted Walking law.
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It is an individual’s God-given right to protect his life, liberty, and property, and by entering into a society, he transfers his right to protect himself to the legislature. Therefore, it is the duty of the legislature to protect the life, liberty, and property of those they govern. Texting while walking poses a threat not only to the life and personal bodily property of the person distracted by texting while they walk, but it also potentially threatens the liberty of those citizens around the person. For example, if a person is texting while walking and I hit them with my car because they dashed out in front of it without looking, I am legally liable for this accident and my liberties may be infringed upon by legal proceedings that blame my actions rather than the actions of the cell phone user.
It is well known that there must also be promulgated precedent to form new laws. Some may argue that a texting while walking law should not be enacted because there is no precedent for legislating whether a certain activity is legal to perform while walking; however, there is plenty of precedent to be found in the combination of jay walking laws and texting while driving laws. Jay walking laws give precedent that walking is something that can be regulated by the legislature and texting while driving laws provide precedent for cell phone regulation. This previous legislation provides sufficient evidence that the creation of a texting while walking law would be consistent with previous laws.
Now some may argue that an individual’s decision to text while they walk is no business of the government and should not be legislated. To these people I would ask, does another person texting while walking not put me in danger of losing my right to life, liberty, or property? In extreme cases an accident involving a texting pedestrian could cause me to lose my life, it could infringe on my liberties, and it could cause damage to my bodily and material property. By this reasoning, it is surely the right of the government to legislate such behavior, and it is in all of our interests to do so. This law is for the benefit of all citizens. It does not affect any one group more than any another, and legislating this potentially threatening action will protect all of this society’s citizens. Colossians 3:11 supports this, “here there is not Greek and Jew, circumcised and uncircumcised, barbarian, Scythian, slave, free; but Christ is all, and in all.” This is the view of the law. It sees no distinctions, and it governs and protects blindly.
Now is the time. We need to pass legislation to prevent future harm coming to anyone as a result of texting while walking. 2
1) http://www.nsc.org/Connect/NSCNewsReleases/Lists/Posts/Post.aspx?List=1f2e
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2) http://abcnews.go.com/blogs/headlines/2012/05/texting-while-walking-banned-in-new-jersey-town/