This Week's Attitude
Senator BusyPody Can't Legislate Personal Responsibility
By Neil S. Friedman

More often than not, State Senator Carl Kruger supports issues that are beneficial for his constituents. But, every so often, especially his current crusade to ban the use of small, personal electronic devices while crossing city streets, he is waaaaay off base.

As he's inclined to do every now and then, the Albany legislator overreacts and grandstands. In this instance, it's an issue that is nothing more than an inconsequential matter of personal responsibility - not to mention common sense, which cannot be legislated. Adults are expected to have learned the former as children and you either have the latter or you likely to live your life in a state of unconsciousness.

On February 6, Kruger's Brooklyn office sent an e-mail indicating he planned to introduce legislation in Albany making it illegal to use an iPod, cell phone, Blackberry or any other electronic device while crossing the street. "You can't be fully aware of your surroundings," it read, "if you're fiddling with (an electronic device)." If it ever becomes law, which is as likely as Donald Trump becoming a pauper, the legislation would impose a $100 fine and a mandatory court appearance for each violation.

Kruger's time-wasting proposal would result in fines for those who listen to iPods, like this one, when crossing city streets.

Kruger referred to a fairly new term he said is apropos to the "state of compromised awareness" experienced by gadget users - iPod Oblivion.

Apparently Kruger, who admitted he does not own an iPod, isn't aware that almost every manufacturer or distributor of small electronic devices includes an instructional brochure that outlines specific warnings about the dangers of misusing the thingamajig. Among the warnings listed in a booklet entitled, "Read this important information before using your headset," is one that reads: Even if your headset is an open-air type design to let you hear outside sounds, don't turn up the volume so high you can't hear what's around you.

Of course, most consumers rarely read beyond the operating directions. Nonetheless, anyone capable of using the devices is certainly aware of the dangers of improper usage and precautions that need to be taken.

Though Kruger's motive - the death of two pedestrians in his district within less than five months - may have been sincere and well meaning, it quickly drew snickers, criticism and, what he surely intended, lots of interest. The proposal garnered worldwide attention from New York to Seattle, Scotland to Spain and China to Australia. Late last week, Google had over 350 postings about Kruger's suggestion, though several were repeats from a few news syndicates.

One Internet blogger referred to Kruger's proposal as "paternalistic government run amok."

The Daily News, citing "intellectual oblivion," gave the Brooklyn state senator its Knucklehead Award for being "stupid beyond stupid." Touché!

The News also asked if Kruger would outlaw daydreaming.

One local newspaper even wrote that some may "ponder whether or not the city should start banning deaf people from leaving the house."

The often elitist New York Times even got into the fray, with an editorial entitled, "The iNanny Alert," that agreed with Kruger about the danger of distracted pedestrians, but noted that New Yorkers on foot attempt fate every day, with or without headphones.

The senator's latest cause brought to mind when he protested the opening of Home Depot in the strip mall just east of Kings Plaza a few years ago. Kruger predicted undue traffic congestion in an area that was already sporadically problematic due to the nearby mall. Speaking to a handful of supporters, Kruger vehemently condemned the home improvement retailer's failure to widen the entrance to the parking lot to accommodate the huge trucks that would recurrently be making deliveries to the store. As he bellowed, an 18-wheeler eased itself into the parking area without a problem. The few reporters covering the demonstration scoffed as they watched the truck make the turn as Kruger rambled on.

The same miscalculation appears to be happening with his latest gripe, albeit on a much larger stage, due to the influence and popularity of small, electronic devices.

Though crime is down, I would think patrolling police officers have more imperative concerns than to seek out iPod violators at busy intersections. If passed, which is unlikely, it'll be one of those laws on the books that may have seemed high-minded at the time it was enacted, but is rarely enforced - like jaywalking.

Parents repeatedly caution children and they are taught in school about being careful when crossing the street - look both ways, cross at the green, not in between and never, never cross in the middle of the block. But, as children mature into busy adults, few rarely heed those rules when they see an opportunity to save time by dashing across the street against traffic at an intersection where the sign clearly reads, "Don't Walk."

BusyPody Carl Kruger's latest tempest in a teapot is the stuff that Leno, Letterman and the ubiquitous Internet thrive on. But, do we really need a new law for something that anyone with a public school education should know?

Kruger should instead turn his attention to more concrete matters, like leading a crusade to end undue legislative lobbying and support Governor Spitzer's goal to undo the legislative logjam in Albany.

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