‘Photocop’ system needs
a tune-upThe issue: The project to enforce
speed limits with cameras has gotten
off to a flawed start.The Department of Transportation's Orwellian scheme for spying on motorists with cameras to catch them speeding has become slightly ludicrous. It is in jeopardy not only of being defied by a majority of the citizenry but of turning the department into a laughing stock. It needs a big fix, and soon.
Right from the beginning, the project has been hampered by gaffes. The technology has been shown to be unreliable and the technicians not properly trained. A DOT official first says there would be an unspecified margin over the speed limit, say 7 mph, under which a driver would not be cited, then changed the statement to say that going 1 mph over the limit would draw a citation.
There was mounting evidence that the camera-toting vans alongside highways were illegally parked, were hindering the flow of traffic and might even be dangerous as drivers kept their eyes peeled for the vans or glued to the speedometer instead of watching the road. There was further evidence that many drivers would contest the citations in court, clogging the already burdened judicial system, and it may be only a matter of time before someone mounts a constitutional challenge.
The latest howler came late last week when one of the vans, going off duty, was hauled over by a cop for allegedly doing 47 mph in a 35 mph zone. Sniffed DOT spokeswoman Marilyn Kali: "We are launching an investigation. That is all I am going to say." The snickers could be heard from Kuilima to Koko Head.
To correct this swiftly deteriorating situation, the DOT and the police should seek to ease traffic congestion by:
>> Junking the effort to catch speeders with cameras.
>> Concentrating on catching drivers who run red lights.
>> Raising speed limits to realistic levels, setting a limit of 45 mph to many of those now at 35.
>> Posting minimum speeds on the freeways, especially up hills, and on open highways such as Kalanianaole.
>> Going all out to enforce other traffic laws, such as using turn signals, keeping right except to pass, not crossing double lines, and not changing lanes abruptly or cutting off other drivers.
The underlying problem with the traffic cameras is that there is little place for common sense. By contrast, a competent police officer has the discretion to ascertain whether a driver is endangering himself or other motorists. Doing 45 in a 35 zone at high noon on a clear day in scant traffic does not warrant a ticket. On the same road at midnight in a rain storm and heavy traffic, doing 35 and abruptly changing lanes might well call for a citation.
And if the driver and the cop disagree, well, that's why we have judges.
Disabilities law requires
more clarityThe issue: The U.S. Supreme Court
has ruled that carpal tunnel syndrome
is not protected by the Americans
With Disabilities Act.COURTS have been overwhelmed with lawsuits seeking compliance with the Americans with Disabilities Act since its enactment in 1990, for good reason. The law was written in such vague terms that its intended requirements are anybody's guess. It needs to be clarified if for no other reason than to reduce the court load.
The law is aimed at protecting any person whose impairment "substantially limits one or more of the major life activities." Courts have been arguing about what that means for more than a decade. Congress needs to be more precise.
The U.S. Supreme Court has gone to extra lengths to determine what kind of "major life activities" Congress had in mind. Justice Sandra Day O'Connor figured out that correctable vision problems aren't included because the law's preamble refers to 43 million Americans who "have one or more physical or mental disabilities," while Americans who wear glasses total more than twice that.
The court arrived at that conclusion in 1999, along with decisions that the disabilities law also does not protect people with diabetes, epilepsy, prosthetic limbs and even schizophrenia. Last week, the justices added carpal tunnel syndrome, a muscle and tendon injury caused by repetitive activities, to the tough-luck list.
Its reasoning was that people with that ailment are able to perform "household chores, bathing and brushing one's teeth." Those, O'Connor speculated in the high court's unanimous opinion, must be the "types of manual tasks of central importance to people's daily lives" that Congress had meant.
The court found that Ella Williams was properly fired from her job at a Toyota plant in Kentucky. Williams had quit showing up for work because management had added a task to her job that aggravated her carpal tunnel syndrome, of which Toyota was aware. O'Connor wrote that the repetitive work that Williams had been ordered to perform "is not an important part of most people's lives."
The court rulings adverse to the disabled may reflect a backlash against the avalanche of lawsuits brought by people and organizations seeking to have virtually all ailments included as disabilities. Congress must draw the line as clearly as possible at both ends of the spectrum.
Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, managing editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, assistant managing editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, assistant managing editor 529-4762; lyoungoda@starbulletin.comRichard Halloran, editorial page director, 529-4790; rhalloran@starbulletin.com
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