Eliminate jaywalking laws: "The core problem lies with street design, not human behavior."

Yes, we've been here before.

    

Walking is not a crime: Dunman and others on the scourges of jaywalking in auto-erotic America.

Like the jaywalker said: "People don’t obey the rules when they’re driving. Why should I?"

But any little chink to be taken from the imperialistic edifice of automobile supremacy is worth a well-aimed Molotov cocktail here and there. 

9 Reasons to Eliminate Jaywalking Laws Now, by Angie Schmitt and Charles T. Brown (CityLab)

They’ve rarely protected pedestrians, and their enforcement is racially biased. Two street safety experts say there are better ways to curb traffic violence.

On Sept. 23, Kurt Andreas Reinhold, a 42-year-old Black man, was trying to cross a street in San Clemente, California, when two officers from a special “homeless outreach unit” stopped him. An altercation ensued; minutes later, Reinhold, a father of two and down-on-his-luck former youth soccer coach, was shot and killed. In a cellphone video of the confrontation, Reinhold can be heard demanding, “Where did I jaywalk?”

This is a particularly troubling example of a pattern we see all too often. Black and Brown people, especially men, are routinely targeted by police for jaywalking or simply existing in public space. Often these stops result in an escalating series of fines and fees. In other cases — as in San Clemente, as well as in Sacramento, Seattle and New York City — they can end in violence.

Especially at a time when there is intense focus on police brutality and racism, Reinhold’s death should prompt us to pause and consider who is truly served by jaywalking laws. Their effectiveness as safety measures appears to be limited: Despite heavy handed and selective jaywalking enforcement, pedestrian deaths in the U.S. have increased rapidly in the last decade. As two of the top experts on pedestrian safety in the country, we think it is time for cities to consider decriminalizing jaywalking or eliminating the infraction altogether.

Here’s why.

1. Jaywalking is a made-up thing by auto companies to deflect blame when drivers hit pedestrians.
2. The concept of jaywalking encourages drivers to be aggressive toward pedestrians, and for third parties to ignore or excuse pedestrian deaths.
3. Our streets are not designed to make walking safe or convenient.
4. Pedestrians are almost as likely to be struck and killed at an intersection as mid-block.
5. When pedestrians jaywalk, they are often behaving rationally.
6. Jaywalking laws are not enforced fairly.
7. Jaywalking stops are frequently explosive.
8. The focus on jaywalking reflects the lower political status of those who walk — not the societal harm of the activity.
9. The safest countries globally allow jaywalking.

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Eliminating jaywalking laws may sound radical, but it’s been discussed before in cities such as Seattle. Other places, like Berkeley, California, are experimenting with new models for traffic enforcement that deemphasize police in favor of crash investigators who are trained to help promote infrastructure changes that improve safety. New York Attorney General Letitia James has advocated for removing police from traffic stops, and a new survey shows a majority of New Yorkers support the idea.

Wider reforms and changes to traffic safety enforcement are needed, from increasing diversity within law enforcement to enhanced data tracking, police training, inclusivity and investment in new social and criminal justice programs. Such efforts must be implemented with a vigilant eye towards reversing existing inequities: Early results from so-called “unbiased” enforcement efforts, such as intelligence-led enforcement, used by cities like Oakland, California, show disparities in traffic stops remain. The time is now, not later, to revisit or eliminate laws like jaywalking that are primarily used as a pretext to stop Black and Brown people — and rarely protected any pedestrians in the first place.