Drive-by-porn laws
D | Thursday, May 12, 2005

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Now I know what you're thinking, but I swear this is for real, and much like the cheerleaders from earlier in the week, this too is a nationwide epidemic which can only be cured by the swift actions of our brilliant local legislative bodies. Welter, I am warning you right now, this is another one of those times were I have gone off the deep end and done a completely irrational amount of "research" for my blog. Read on with caution...


Apparently while riding in their parent's vehicles children are being assaulted by pornographic movies being displayed on in-dash DVD players of other passing motorists (I feel stupider just having to type that). Don't believe me? I cite for you the following:

• An article in The New York Times detailing the growing concerns over "drive-by-porn" and pointing out that three states have already passed laws banning such a practice: Tennessee, Louisiana, and Oklahoma (soon to be added Michigan).

My favorite quote from this article:
"I wasn't aware of the extent to which it was becoming a problem," he (Ten. State Senator Mark Norris, Rep, ed) said. "But I found a number of folks who were in their cars with children, being held hostage to this kind of display at traffic lights. Even pedestrians reported the experience." Since then, several more reports of so-called drive-by porn have come to his attention, Mr. Norris said. One Nashville radio host found herself trapped between two cars, each displaying explicit videos. "She was wedged in," he said. "She couldn't avoid it."

Oh Senator... people are held hostage by terrorists, held hostage by bank robbers, sometimes even held hostage by dangerous weather phenomena, you know, tornados or hurricanes, BUT COME ON MAN - I don't think I am ever going to agree that anyone can be "held hostage" by porn (especially when they have such a readily available means of "escape" like, gasp, their CAR (Wow, I am on such a rant at this point...)).

• A local news station's article on the passage of the Tennessee drive-by porn law.

My favorite quote from this article:
"Norris, the bill's sponsor, agreed that there are many other serious issues facing the state, but said he felt the need to address the problem after hearing several complaints about it."

Who is this guy? Ok Senator Noriss, compare for me please the greater "public good" which would come from the lives saved from lowering your state's interstate highway speed limit from 70 to 65 versus the greater "public good" derived from fining people for watching porn in their car. I'll put it another way - Are we losing more lives to drivers killed by porn or by traveling 70 mph? If the answer is porn, then by all means my good Senator, legislate away!

• An Oklahoma Senate press release on the passage of the Oklahoma drive-by porn law. Also, the text of that law (will open an rtf file) if you're like me and would like to go straight to the source.

My favorite quote from this report:
"It (watching porn while driving, ed) gives new meaning to the term rev up your engine"

A state senator said that. I don't know, but that's just funny to me. Oklahoma did two funny things: 1. attach this law as an amendment to a law outlawing methanphetamine production (? yeah I don't know why) and 2. base a great deal of their law on the protection of minors. Raise your hand if you think we should ban public displays of everything that could possibly be considered harmful to minors? Ok, all of you people feel free to move to China, but be sure to leave the First Amendment here with the rest of us. By the way, Oklahoma's penalty is a $500 fine while Tennessee's was only $50, meaning of course that a cost benefit analysis of where to watch porn on your cross country drive would favor Tennessee for "dirty driving."

• A local news station's report on the passage of the Michigan drive-by porn law (another report here). Also, the text of that law. This was just passed a few days ago. (Hat tip for the link and spurring me on to research and write this entire post: Brendan/Rebecca)

The Michigan version is about 10x more detailed (read complicated) than the Oklahoma version linked above. Also, in Michigan they are throwing the book at you - 1st offense no more than $1,500 fine, second $5k fine, and third $10k fine and up to 93 days in jail or both.

I suppose, just as a concluding question, has anyone talked about how we are going to enforce this law?

"Um Hi, Cincinnati Police Department, yes my name is Derek Walden and I am sitting in traffic on I-71 and I was calling to report a crime. What's that? No, not an accident. Car jacking? No. Shooting? No, not that either. (beat) Well officer, you see there is this guy in the car next to me who is watching some porn on his DVD player and I was really bothered by this. I was hoping you could come on up here, ask him to turn it off, and maybe write him a ticket? What's that? You have real crimes to deal with. Hey come on, I'm really offended by this and... Hello? Hello?"

D | 5/12/2005 01:12:00 AM | Post your comment

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Comments:

First off, I applaud your efforts. I didn't click on the links yet, but when my 215 snooze time comes up I think I will investigate further.

In the meantime, I have two thoughts about this:

1) I wouldn't want my kids, illegitimate or not, to see porn in the car next to me.

2) If you're driving and watching anything, we have a problem. If you're driving and your friends are watching porn, I think you have a problem.

I see your enforcement argument, but if you're watching porn and a cop sees it as he drives by, you're busted. Same as seatbelt laws. I don't think this is as stupid as the cheerleading one...
 Chris Welter | May 12, 2005 8:18 AM | permalink
 

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Ok, so I have to say I have been drive- by porned. On the way back from spring break last yeah in FL we got stuck behind a van that was watching some hard core porn! The back of the head rest had TVs and the pull down one too. So it was the same porn three times over. While it was quite distracting and my friend had to ride the vans tail to actually see the movie, it was obvious what it was and would you want your kids watching that? If i ever have kids, they dont get to watch porn until at least 8....
 Ter | May 12, 2005 4:14 PM | permalink
 

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Everyone makes good points and I would have to agree that I wouldn't want my own children to be subject to watching someone else's porn. But there have to be some questions about restricting someone's right to do things in their own car.

My biggest concern is that we have elected officials who are wasting their time enacting laws about this when we should be worried about poverty, real crime, social security, national defense, and other things that are truly important and will make a real difference. I am bothered by the politicizing of an issue as opposed to working for meaningful change.
 D | May 12, 2005 4:33 PM | permalink
 

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What do politicians do all day? I mean if my only job was to come up with laws and stuff, I'd have fixed a bunch of stuff by now...
 Chris Welter | May 13, 2005 8:18 AM | permalink
 

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