S.C. Rider Safety
Act shows legislators’ priorities — and hypocrisy
LAST WEEK, Gov. Mark Sanford signed into law the South Carolina
Rider Safety Act.
The new law, aimed at preventing injuries on carnival rides, was
passed at the request of carnival operators. It requires operators
to post safety warnings and rules and gives them broad authority to
regulate the behavior of riders.
Under the new law, a carnival or fair patron can be detained by
amusement operators “for a reasonable time in a reasonable manner
for the purpose of conducting an investigation” if they think that
person has violated any “rules, warnings or instructions” about the
rides. Someone found to have violated carnival rules can be fined
$500 and jailed for two months.
Among the things that can get a carnival-goer detained by private
security forces, ejected or even arrested are:
• Exceeding the limits of the
rider’s ability.
• Not engaging a safety mechanism,
such as a restraint, provided on the ride.
• Disconnecting or disabling a
safety device.
• Extending arms and legs beyond
the carrier or seating area.
• Getting on or off a ride at any
time or place not designated.
One reason such rules are needed, according to the bill’s chief
sponsor, Rep. Wallace Scarborough, is that people like to show up at
fairs and carnivals drunk, board the rides and start shaking them.
Up until now, carnival operators had little recourse. The new law,
he told me last week, “helps everybody else to be safe if they’re
putting people out of the park who aren’t being safe.”
That idea is spelled out in a set of “findings” at the start of
the law, in which the Legislature declares that since there are
“inherent risks” associated with carnivals that are impossible for
owners to eliminate, “the safety of carnival or amusement devices
will be greatly improved at minimal cost if riders are subject to
safety standards for their own protection and the protection of
others.”
There’s nothing extraordinary about those findings; they could
have been lifted from a definition of communitarianism. That’s the
idea, central to the whole concept of human society, that what we do
affects the people around us, and not just ourselves.
What’s extraordinary about this legislation is that it sailed
through a General Assembly that generally allows itself to be led
around by the nose by a handful of people who reject the idea of the
government acting to protect societal interests, and that it was
signed into law by a governor who shares that view.
Lawmakers of this mind-set argue that individuals have the right
to go flying through their car windshields, and that society has no
right to make them wear a seat belt. And yet they have joined in
unanimously declaring that “the safety of the public using carnival
or amusement devices is a matter of public policy” — and one so
compelling that it justifies invoking the police powers of the state
when someone waves his arms in the air while the Himalaya twirls
around.
Rep. Scarborough proudly counts himself among the people who
helped derail the seat belt bill when it came to the House earlier
this month. He sees no contradiction in forcing people to protect
themselves from the “inherent risks” of riding in bumper cars but
not from the inherent risks of riding down the highway at 70
mph.
“We’ve already got a seat belt law in this state,” he said.
“You’re supposed to wear your seat belt. It’s just the primary
enforcement of it. I don’t think it’s the same thing at all. This is
just telling you what the rules are. We already know what the rules
are on the road: You’re supposed to wear your seat belt.”
That might be a valid comparison if all amusement operators could
do under his new law was post signs, if they couldn’t detain and
charge people until they were thrown, unrestrained, from a Ferris
wheel.
But that’s not what the new law does. The new law gives private
businesses more legal authority to enforce these public safety laws
than we give to police.
Even the penalties of the carnival protection act dwarf those in
the unenforceable seat belt law.
Supporters had to drop our current $25 seat belt fine to $12 just
to get the Senate to pass the bill allowing police to enforce that
law. But people who jump off the merry-go-round halfway through the
ride can be fined $200 and jailed for two months.
Our seat belt law bars police from holding someone in custody for
failing to wear a seat belt. Yet the Legislature just unanimously
passed a law that lets private business owners detain someone “for a
reasonable time in a reasonable manner” while they investigate
whether that person was “not engaging a safety mechanism provided on
the ride.”
Last year, 613 people who weren’t wearing seat belts died on
South Carolina’s highways; officials estimate that half of them
would have lived had they been buckled up.
Last year, three people died on carnival rides in the entire
nation.
It’s hard to recall a case that has more clearly demonstrated the
misplaced priorities of our legislators — or how selective they are
in spouting their hollow “freedom” arguments.
Ms. Scoppe can be reached at cscoppe@thestate.com or at
(803)
771-8571. |