Cellphone ordinance rejected

Text message and talk without fear of a fine, Kalispell drivers — that is, unless you run out of minutes on your monthly plan or break some other traffic law while doing it.

The Kalispell City Council on Monday voted 6-3 against adopting an ordinance that would have banned people from using handheld communication devices such as cellphones while driving in Kalispell.

The ordinance would have made it a primary enforcement traffic offense subject to fines up to $100 for a first violation and $300 for additional violations.

The ordinance was supported by council members Randy Kenyon, Jim Atkinson and Wayne Saverud.

“I agree this is stupid to have to make this law,” Atkinson said to its opponents. “I think we have to do it anyway, just to remind people that stupidity is lethal at times.”

Mayor Tammi Fisher and council members Tim Kluesner, Phil Guiffrida III, Jeff Zauner, Bob Hafferman and Kari Gabriel voted against the ordinance.

They argued at turns that the law would be either ineffective at improving public safety or would unfairly single out one of many behind-the-wheel activities including eating, talking and grooming that can contribute to distracted driving.

Some opponents called on Flathead County or the state of Montana to pass such a law, expressing concern about a lack of consistency among jurisdictions in the valley with similar laws enacted in Whitefish and Columbia Falls but not for the roads linking them.

“If we’re looking for consistency, the state needs to do it,” Guiffrida said.

Guiffrida also argued that Kalispell’s existing reckless and careless driving laws can be used to curtail all kinds of distracted driving, including use of handheld devices, if it rises to that level.

“Making this a primary offense, I have concerns making someone guilty before a traffic infraction takes place,” Guiffrida said.

INSTEAD OF passing a new ordinance, opponents said Kalispell should first work on some educational campaign or public safety message to encourage people to pay attention on the road.

If actually undertaken, the initiative could use the city’s public access TV station or utility bills to help drive the message home.

Something “short and sweet and catchy. Don’t be dumb, drive with both thumbs,” Fisher suggested.

If that fails, the City Council could reconsider enacting an ordinance like the one proposed, Kluesner said.

Atkinson said he doubts that approach would be effective.

Ask a typical person with a cellphone if they use it while driving and almost everyone will say yes. Ask them if they should be doing that and almost all will say no, Atkinson said.

“Is education necessary? I don’t think so, not if we know we shouldn’t do it but do it anyway,” Atkinson said. “Is a $100 fine necessary? It might be. I hate to see that, but that’s why I’m voting for this. I think it will get people to pay attention and not use their cellphone while driving in Kalispell.”

Reporter Tom Lotshaw may be reached at 758-4483 or by email at tlotshaw@dailyinterlake.com.