School crosswalk safety bill dies after video surveillance opposition

Jan. 26—CHEYENNE — A bill that would have authorized video surveillance in school zone crosswalks in order to administer citations was set aside Thursday by the leader of the House Transportation, Highways and Military Affairs Committee.

Committee Chairman Rep. Landon Brown, R-Cheyenne, tabled the bill indefinitely following a long line of public testimony related to its constitutionality, tracking residents and automated ticketing machines. He said it was his prerogative as committee chairman, and there were no motions from any members of the committee to vote during Thursday's meeting.

Rep. Bill Henderson, R-Cheyenne, was the sponsor of House Bill 68. It would have allowed for video surveillance in school zones to improve safety between the hours of 7 a.m. and 4 p.m. on school days, and a fine could be issued to the registered owner of a vehicle caught speeding or placing pedestrians in danger at the crosswalks.

"It's already required for other vehicles to stop if someone's in a crosswalk. This adds another layer of protection, but most importantly, it helps us figure out what went wrong," Henderson said. "What did we miss? How can we improve? How can we prevent, hopefully, more fatalities and injuries?"

His bill has been supported by residents such as ForMak nonprofit founder Janelle Jones, who lost her son in a local pedestrian accident, as well as Cheyenne Mayor Patrick Collins.

Collins testified that while there are police officers at the school zones every day, there are more zones than officers available. He said there have been too many close calls, as well as the tragedy of losing Jones' son near McCormick Junior High.

He considers the video surveillance and automated ticket administrator a force multiplier for when police officers are not available.

"I would appreciate the ability to use this tool in some of our most dangerous and busy crosswalks," he said. "If it's successful in lowering speeds, making people aware, maybe we will expand it to other areas. It would allow us to be able to study the issues and understand it a little bit more."

Despite there being a clear desire for pedestrian safety from committee members and stakeholders, there were still questions when it came to how the video systems would be implemented, tickets administered and what the cost would be.

Wyoming Department of Transportation support services administrator Taylor Rossetti said not only would there have to be discussions around automated enforcement, but local municipalities would need to get involved in the rule-making and regulations.

There was no language in the bill preceding the meeting that addressed this, or who would be responsible for the images, such as automated enforcement through license plate ticket reader vendors.

There were also constitutional concerns. Rep. Clarence Styvar, R-Cheyenne, and other members of the public didn't believe an automated ticket would uphold the Wyoming Constitution's right to confront an accuser. There would be no school bus driver or crosswalk guard to utilize in all cases to charge the witness.

State Freedom Caucus Network representative Jesse Rubino, a former teacher who said he understood the importance of keeping kids safe, also said it would infringe on other rights.

"The Fourth Amendment protects against unreasonable searches and seizures. And when it was adopted, the drafters of the Bill of Rights likely did not imagine that we would have digital surveillance as we do today," she said. "However, I think that our founders would roll over in their graves if they knew that we would be considering having a constant several-hours-long surveillance on innocent individuals with no prior determination or assumption that they had committed something wrong."

She said the Fifth Amendment and the Sixth Amendment also applied, because there needed to be a proper procedure. Rubino pushed for other ways to improve safety, instead of possibly infringing upon people's rights.

Casper resident Cathy Ide, wife of a sitting legislator, voiced her opposition to the implementation of automated video systems, and her concern about constitutional violations and corruption. She said the license plate data would be uploaded to a central server, and there were risks.

"The information that is collected can be used by police to not only detect a traffic violation, but to identify travel patterns where the plate has been in the past, and even to discover vehicles that may be associated with each other," she said. "License plate data can not only put together an intimate portrait of a driver, it can also be used to target drivers who visit sensitive places, such as churches, private residences, and political events and more."

She said there was also corruption associated with the license plate scanner machines, and "overwhelming instances of bribery and fraud may have been proven with convictions in numerous states." Ide said to follow the money, and that the revenue generated from the systems was no small amount for local government pocketbooks.

Another opponent of automated ticketing machines was Shawn Dowd. He said he had been in opposition since 2008, and they violated more than five amendments in the U.S. Constitution.

He said a background check is done on all vehicles that pass by the video system. He believes the information is shared with the U.S. Department of Homeland Security, municipalities, loan officers, bounty hunters, etc., and there is no warrant or probable cause.

"You need to keep law enforcement in the hands of sworn peace officers of Wyoming, and not turn it over to a private foreign corporation who polices for profit," he said. "You should be ashamed of yourself for filing this bill."

Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.