EDITORIAL: Rushing’s bluster keeps motorists at risk

On Wednesday, July 25 at 7 a.m., Ramon Rivera’s car was stopped at the intersection of Gorham and Manchester streets in Lowell when it was struck from behind by another vehicle with such force that Rivera sustained fatal injuries and died.

The cause of the crash remains under police investigation, but the Middlesex District Attorney’s Office indicated that Rivera’s Mitsubishi was struck by a Honda Accord traveling “at a high rate of speed.”

Rivera, a former Lowell High School basketball legend who played in the pro ranks, was 52 years old.

Police have not released the name of the Accord’s driver, nor have charges been filed.

So why is this accident noteworthy? Because, if sources are correct, Ramon’s death might have been prevented if the state Legislature had enacted a distracted-driving law banning cellphone use. Legislators have been working on such a law for more than a year, but failed to enact one by the session’s July 31 deadline because of one official’s concerns over racial profiling.

Sources have told this newspaper that it’s extremely rare for an accident of the type that killed Rivera to occur in a densely populated area unless: 1. the Accord was fleeing something or someone; or 2. the Accord’s driver never saw Rivera’s car and had no time to react.

In either instance, the crash borders on some sort of negligence. We’re speculating the driver was texting or calling on a cellphone when he or she slammed into Rivera’s stationary vehicle.

Massachusetts needs a hands-free cellphone law, just like those enacted in 16 other states, including Connecticut, New Hampshire, Rhode Island and Maine.

Four days after Rivera’s death, negotiations broke down on Beacon Hill to approve a hands-held cellphone ban over the objections of Boston state Rep. Byron Rushing.

Rushing believes police will use the ban to indiscriminately pull over blacks, Hispanics and other minorities at a “disproportionate rate” compared to all other motorists. He wants profiling rules and monitoring checks built into the hands-free legislation.

Rushing’s plan borders on creating a police quota system. It’s misguided. Rushing should just admit that he distrusts police to make honest decisions when they see someone driving erratically with one hand on the wheel and the other holding a cellphone.

Rep. William Strauss of Mattapoisett speaks for many legislators who see Rushing’s demands as going too far in the wrong direction. “I’m not comfortable tasking police around the state with creation of a time, date and location searchable database of where ethnic and language minorities are traveling.” The hands-held ban, he added, deserves “consideration on its own merits.” We agree.

Rivera, born in Puerto Rico, might still be alive if the cellphone ban law were enacted over a year ago when it first came up.

So, Rep. Rushing, how many more Massachusetts residents must die at the hands of distracted drivers before police get the tool they need to try to save those lives?

Get off your social justice crusade and make our roads and highways safer for everyone.