By Adam Pagnucco.
Police traffic enforcement is a hot topic now. Consider this: Bethesda Beat reported the following from a recent online forum about traffic issues:
Calling for more traffic enforcement, residents complained of rising congestion and dangerous interactions between motor vehicles and bicyclists and pedestrians during a forum Monday conducted by Montgomery County’s Policing Advisory Commission.
Now consider this: the recently released video of officers beating Memphis resident Tyre Nichols after a traffic stop, resulting in his death days later, has led to renewed calls to remove police from traffic enforcement.
Even before the above events, most of the county’s leaders made up their minds about this issue. During last year’s primary, the Washington Area Bicycle Association (WABA) asked county candidates to respond to a questionnaire on various transportation-related issues. Of the winning candidates, all except Evan Glass (council at-large) and Sidney Katz (District 3) answered. One question asked “Do you support removing police from all or some traffic enforcement?” and provided a yes-or-no response. It had a follow-up asking, “How will you balance the need for traffic enforcement and equity while in office?” This one provided space for an open-ended response.
Every single winning candidate who responded answered “yes” to the question of whether they favored removing police from all or some traffic enforcement except for Gabe Albornoz, who is an at-large council member. We reprint the candidates’ responses below.
Candidates who favor removing police from all or some traffic enforcement
Marc Elrich (County Executive)
No follow-up.
Will Jawando (At-Large)
I have drafted and plan to introduce legislation that will prevent traffic stops based on non-safety related matters so that police can refocus their attention on issues that actually impact pedestrian and cyclist safety. Over the past decade, out of over 700,000 traffic citations, only 3,300 drivers have been cited for failing to yield to a pedestrian, and only 46 have been cited for passing a cyclist in an unsafe manner. Given how prevalent incidents involving pedestrians and cyclists are on our roads, clearly MCPD needs to shift its attention to better protect all road users.
Laurie-Anne Sayles (At-Large)
As a Gaithersburg City Councilmember, I pushed for progressive policy changes to our Police Department that included outfitting all police officers, including undercover officers, with body-worn cameras. Moreover, I will work with stakeholders to promote community policing, enhance public safety and rebuild trust between the police and the community, to prioritize enforcement actions against drivers who endanger pedestrians countywide, including:
Increasing investments in training, recruiting, and diversifying the skill set of armed officers. Some of the policies I believe would balance the need for traffic enforcement and equity include:
Increasing automated traffic enforcement reduces the need for law enforcement and decreases racial bias in policing.
Improving pedestrian safety by increasing traffic calming infrastructure around areas with high pedestrian casualties aligned with the Vision Zero priorities.
Shifting mental illness-related responses out of MCPD to Health and Human Services, which accounted for 19% of police use of force complaints in response to incidents in 2019. Cost savings should be redirected to HHS earmarked to improve training and staffing to facilitate a mental health crisis response (CAHOOTS)
Working with my County Council colleagues to improve MCPD data transparency on arrest patterns through a racial equity lens.
Developing robust recruitment and training programs to hire mental health providers for youth counseling and career development to address the rise in car thefts and other youth-related vehicular issues.
Andrew Friedson (District 1)
In general, automated traffic enforcement such as red light and speed cameras can help to strengthen enforcement while curbing the potential for discriminatory application of traffic laws. People of color and residents of low-income areas face higher levels of exposure to unsafe traffic conditions, so while I recognize the potential for inequitable enforcement, I also believe that equity in transportation requires us to make extra efforts to address this reality. Better infrastructure design and engineering will help to calm traffic and make infrastructure safer, but enforcement is also an essential tool to protect all users of our roads, especially pedestrians and bicyclists who are most vulnerable.
Marilyn Balcombe (District 2) – Note: Balcombe highlighted removing police from some traffic enforcement.
Overall, we need to ensure we keep everyone safe, our police and our citizens. I would favor removing police involvement in minor traffic infractions by more reliance on technology. Not only would it reduce the overall cost of enforcement in the long run, it would also reduce the racially biased traffic stops. The Office of Legislative Oversight report on reassigning traffic enforcement made many recommendations on the increased use of technology like speed cameras, red light cameras. I would support increased funding for these measures. We can also look to cameras for minor infractions such as faulty taillights, expired tags, etc.
Kate Stewart (District 4)
We can change the way we do traffic enforcement. I know we it’s possible because we did it in Takoma Park, where I am Mayor, over the last few years.
Traffic stops are the most common form of interaction between MCPD and residents of Montgomery County: annually, more than 110,000 traffic stops have been reported in recent years.
In Montgomery County, traffic enforcement has become an end in itself rather than focusing on safety.
Because the vast majority of stops have been conducted by patrol officers in the course of their duties, rather than as part of a strategic effort to address safety, these stops are a major component of discretionary policing. We also know that this type of policing results in overpolicing and the targeting of Black and Brown residents.
In 2018 in Takoma Park, we decided to reduce the number of traffic stops and focus our efforts more strategically on safety issues. Over the last few years, we have reduced the number of stops by declining to make stops for less serious violations and revamped the evaluation and reward system for police officers to promote community safety rather than quantity of enforcement. This has led to a significant reduction in the number of stops (80%) and at the same time accidents declined.
Kristin Mink (District 5)
In line with recommendations from the Reimagining Public Safety Task Force, we should shift enforcement of basic traffic laws from the police department to MCDOT, and use traffic cameras as the default enforcement mechanism wherever possible. This will require passage of a state-level bill which passed the House but died in the Senate Judiciary last year (HB 564). The County Council must lobby and organize for the passage of this critical state-level legislation.
Natali Fani-Gonzalez (District 6)
Police reform is part of the racial justice agenda, and it touches every aspect, including traffic endorsement. (Note: the word “endorsement” actually appears in the answer.)
Dawn Luedtke (District 7)
It is far more cost effective to use speed cameras and red light cameras for most routine traffic enforcement. I do not support an absolute bar on enforcing the traffic code if an officer while in the performance of their duties observes a violation, such as a DUI, reckless or aggressive driving, and other traffic offenses which pose a significant risk to other motorists, pedestrians and bicyclists and are more significant moving violations.
Candidates who oppose removing police from all or some traffic enforcement
Gabe Albornoz (At-Large)
As a member of the Public Safety committee, I truly value public safety for every County resident in our community. Unfortunately, the global pandemic has exacerbated crime in our community. Traffic stops have helped recover 70 ghost guns in 2021 alone, and it has proven to decrease drag racing and speeding vehicles on our local roadways as well as lower the numberof individuals driving under the influence of drugs and alcohol. Thus, there are still traffic situations in which police involvement is necessary. That being said, not every incident requires law enforcement, and we should look into solutions that promote equity in the community while reducing the burdens placed on police.
One method to do this is improved use of technology. We know that red light and speeding cameras significantly lower the rate of traffic and pedestrian collisions. According to a report from the Office of Legislative Oversight, in 2019 Montgomery County issued 373,169 citations for speed camera violations and 54,572 citations red light camera violations. Of these, the automated systems issued 94% of speed camera events and 87% of red-light camera events. This is one example of how we can use technology to perform tasks that would otherwise fall to law enforcement.
Incorporating technology will help our local police department to enforce traffic laws, while keeping our residents safe in an equitable manner. If re-elected, I will commit to working with our Department of Transportation and State Highway Administration to help strengthen a robust infrastructure and a transit ecosystem that delivers equitable results while keeping our community safe.