Michigan's Texting Ban: One Step Forward, Too Many Steps Back

138 THOMAS M. COOLEY LAW REVIEW [Vol. 28:1President Barack Obama signed an executive order banning texting whiledriving by federal employees and contractors in the course of theiremployment, effective December 30, 2009. 90 The Department ofTransportation also launched Distraction.gov, a website dedicated toinforming people about the risks of distracted driving and encouragingstates and the United States Congress to support bans on distracted drivingand, in particular, cellphone usage. 91Congress has also taken notice of the issue and sent a number of bills tocommittee: some to reward states for taking action to curb distracteddriving and others to punish states for not doing enough. Senate Bill 1938,the Distracted Driving Prevention Act of 2010, introduced on October 27,2009, provides a yearly grant to individual states if they enact statutes incompliance with the federal law’s requirements for banning texting orcellphone use while driving. 92 Senate Bill 1536, the Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009 (ALERTDrivers Act), introduced on July 29, 2009, would allow Congress towithhold up to 25% of a state’s highway funding if the state fails to complywith the federal law’s requirements. 93D. The Debate ContinuesFor the most part, the American public supports government action toprevent and reduce texting-while-driving casualties. With all of the dataavailable, it is hard to dispute that distracted driving is a serious issue thataffects everyone on the road, including drivers, passengers, bicyclists, andpedestrians, and that texting is one of the most dangerous manifestations ofdistracted driving. Indeed, as recent as November 2009, as many as 97% ofAmericans supported banning texting while driving. 94 Michigan StateRepresentative Gonzales, sponsor of Michigan’s texting law, stated thatsupporters of the ban claim that “[d]riving while texting is a clear andpresent danger.” 95 Supporters of the ban have taken the position that, at thevery least, the texting ban is a starting point—a tool that is part of a larger90. Exec. Order No. 13513, 74 Fed. Reg. 51225 (Oct. 1, 2009), available athttp://edocket.access.gpo.gov/2009/pdf/e9-24203.pdf; see also Press Release,Presidential Exec. Order on Distracted Driving Effective Today (Dec. 30, 2009),available at http://www.dot.gov/affairs/2009/dot20209.htm.91. See Presidential Exec. Order on Distracted Driving Effective Today, supranote 90; see also DISTRACTION.GOV, http://www.distraction.gov (last visited Oct.12, 2010).92. S. 1938, 111th Cong. (2009).93. S. 1536, 111th Cong. (2009).94. Connelly, supra note 3.95. The Frank Beckmann Show, supra note 10.