Libertarians: 'Click it or Ticket' violation of rights

For the past month, Indiana residents have continually been reminded to buckle their seat belts, whether it be a stern television or radio advertisement or a uniformed officer issuing citations in the middle of the street at one of the 4,000 conspicuous seat belt enforcement zones. \nAs of May 30, over 24,000 Indiana motorists have been issued citations as a result of the "Click it or Ticket" program, which is part of a nationwide campaign to increase the use of seat belts. \n"Click It or Ticket," which concluded June 1, used increased traffic enforcement, paid advertisements and public education in an attempt to increase seat belt usage and compliance with child restraint laws. The program was subsidized by a $1,550,509 innovative grant from the National Highway Traffic Safety Administration (NHTSA). In addition to the innovative grants issued by the NHTSA, states that exceed the national average seat belt usage rate for two consecutive years or exceed their best usage rate are eligible to receive incentive grants from the federal government. \n"Click it or Ticket" has provoked the ire of local Libertarians who claim that the enforcement zones breach motorists' civil liberties. When a motorist is pulled over at a checkpoint, police have the opportunity to procure criminal evidence without probable cause. In fact, according to the Indiana's Governor's Council on Impaired and Dangerous Driving, 531 citations or arrests were issued for offenses unrelated to seat belt usage during the two week increased enforcement period. \n"The Fourth Amendment guarantees our right to be free from unwarranted search and seizure," said Erin Hollinden, press secretary for the Monroe County Libertarian Party. "And in many cases when you are pulled over for a seat belt violation, you are subjected to an unwarranted search. When the seat belts laws were first instigated in the 1980s, we were told that they would only be applied if you had already been pulled over for another offence and that this would be only an additional charge. \n"And as is typically the case with bad laws, they are not applied as intended but extended to jeopardize civil liberties."\nThe directors of "Click it or Ticket" steadfastly believe in the constitutionality of the program. Jennifer Cox, public relations manager for the program, invoked an old maxim in defending "Click it or Ticket."\n"Some Hoosier motorists believe seat belt usage is an individual right and that it cannot be mandated under the Indiana or United States constitution," Cox said. "Those motorists are wrong. Driving is a privilege, not a right. When Hoosier motorists sign for their drivers license, we agree to abide by all of the laws and regulations that govern the operation of our vehicles on Indiana's roadways."\nUnlike alcohol or drug checkpoints, the constitutionality of which have been challenged in the courts, seat belt enforcement zones target motorists who are only endangering their own safety and do not present a risk to the general public. Libertarians, the third largest party in the U.S., believe that while wearing a seat belt is most certainly the safe and smart thing to do, failing to do so should not be a criminal offense. \n"The main problem with this is that it is what we call a victimless crime, or a consensual crime, where nobody is involved in the situation that is not there voluntarily," Hollinden said. "It is not what we Libertarians would consider a crime at all. We only think there is a crime where there is force or fraud involved.\n"If everything that was stupid was illegal I think that one third of Americans would be in prison, one third would be cops and the last third would be stuck paying for it."\nThe Governor's Council on Impaired and Dangerous Driving however, defends its mandate to protect people from themsleves. Cox said failing to wear a seat belt is not an entirely victimless crime and said she expects the program, in addition to saving 50-100 lives, to generate an economic savings of $150 million for taxpayers due to reduced injuries; the result of increased seat belt usage. \n"We feel we are protecting all citizens by enforcing the seat belt law. When one person is seriously injured or even killed, it affects us all," Cox said. "When a person is serious or fatally injured in a motor vehicle crash, society pays for much of the cost associated with the crash. Included in society's costs are emergency services, uninsured medical care, tax supported rehabilitation programs and increased insurance premiums.\n"The fact is 85 percent of all medical costs for crash victims are paid for by society, not the individuals involved. Hospital costs are 60 to 80 percent lower for belted crash victims than those victims who were unrestrained."\nStill in the midst of a state budget crisis, Libertarians question whether or not seat belt enforcement is the best appropriation of police and monetary resources. Hollinden believes that police officers should be focused on fighting "real crimes" and stresses that millions of dollars of taxpayer money are being allocated for this initiative. \nIn a confounding statement, Cox explained the origin of the funds.\n"This program is 100 percent federally funded by the National Highway Traffic Safety Administration, a division of the U.S. Department of Transportation. There is not one state taxpayer dollar paying for this campaign. They are all federal funds. Some argue that they are still paying taxpayer dollars for federal funds. That is correct, these federal tax dollars are yours, but if this money had not have gone to Indiana, another state would have received them for the same initiative," she said.\nIn 2001, 894 Indiana motorists were killed in automobile accidents, 127 fewer than 1999. During that time period, seat belt usage increased to 67 percent from 57 percent in 1999. Director of the Governor's Council on Impaired & Dangerous Driving Jerry McCory noted the progress in a recent press release. \n"Remarkable progress has been made over the past couple of years in increasing Indiana's seat belt usage rate," McCory said.\n"However, much more is needed to keep Hoosiers safe and alive on our roadways"