Potential state legislative snafu could mean another chance for Indy no-turn-on-red proposal

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The Indianapolis City-County Council might backtrack on its decision to ditch a proposal to ban right turns on red lights in certain portions of downtown.

The measure was yanked from the May council meeting due to concerns that a new state law overruled the proposed ordinance. But the state legislation contains at least a section that declares it does not take effect until July 1, possibly giving the city time to impose its right-turn ban.

The local proposal was introduced April 3 by three Democratic councilors who represent areas of downtown. Indianapolis Mayor Joe Hogsett also endorsed the measure, which looked to increase street safety in the city amid an increasing number of pedestrian deaths.

Initially, council members thought the state legislation sought by Republican Sen. Aaron Freeman to block the city’s ban took effect immediately when Gov. Eric Holcomb signed it into law on May 4.

Freeman said he still believes that’s the case.

Further review suggests the effective date may actually be July 1, but the council’s legal team is continuing to analyze the legislation and recommend the best course of action, according to council spokeswoman Sara Hindi.

The three Democratic councilors who authored the proposal—Council President Vop Osili, Council Vice President Zach Adamson and Councilor Kristin Jones—have not yet made a decision on whether to re-introduce it.

“This due diligence is necessary to ensure the City is not faced with a lawsuit by moving forward with the no-turn-on-red proposals,” the three councilors said in a joint statement.

If the councilors decide to move forward with the proposal, they could vote on it at the next full council meeting on June 5.

Freeman, who has called the proposed city ordinance stupid and characterized it as a war on cars, isn’t ruling out legal action against the city if it proceeds with the turn-on-red ban.

“Courts and judges are there in place for a reason, right? If the city of Indianapolis wants to try to defy a law, they can do so,” Freeman said.

He maintains that the state legislation contains an emergency clause making it effective immediately.

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15 thoughts on “Potential state legislative snafu could mean another chance for Indy no-turn-on-red proposal

  1. So if you read the bill … it appears the city is in the clear. Head to page 24:

    SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]
    …..
    (c) A consolidated city may not adopt an ordinance requiring the installation of a sign prohibiting a turn described in subsection

    https://iga.in.gov/legislative/2023/bills/house/1050

    Sounds like Freeman is suffering from a case of Rokita-itis.

  2. Driving downtown has become worse and worse, and this will only make it even worser. There is a big “be careful what you wish for” moment coming if they don’t stop the war on cars.

    1. Why is it a war on cars mentality instead of saving pedestrian lives. You all podunk indiana people not living downtown realize that this is normal vehicular policy and ordinance that is in place in many major cities with a confluence of cars and people in an area? It takes 10-30 seconds of waiting. Just be patient or plan to allow more time to drive places. Is your time.and car use really that more important than a person’s life?

    2. It even allows other cities and counties to use no turn on red signs in the previous section….just not the only Consolidated city in the state that needs it.

    3. I think if no turn on red is implemented, then penalties for jaywalking should be equally enforced. Crossing without having the “walk” sign is another big problem in downtown.

  3. The confusion is because the HEA ends with an emergency clause. There are several SECTIONs in HEA 1050 that by their internal terms take effect upon passage – ie [effective upon passage]. An emergency clause at the end of the HEA is needed to implement those – the Constitution requires it. Most of the remaining SECTIONs (of what looks like an amalgamation of numerous MV bills into one at the end of the session) take effect by their internal terms on July 1, 2023, including the no turn on right provision. Notably, some provisions concerning MV tax do not by their terms take effect until next year. To conclude: without the emergency clause, the provisions specifically written to take effect on passage would not do so. But arguing that the emergency clause impacts ALL provisions would mean those intended by their terms to take effect on July 1 or not until 2024 also are in effect now.

    1. It does feel like Freeman tried to jam something in last minute and didn’t think it through. I don’t think the last minute aspect is to blame, Freeman on the whole appears to very much to be a man of the moment who acts with little or no regard for the future.

      The only good reason to not pass the law is the real chance Freeman will punish the duly elected representatives for not listening to him, instead of their representatives … because he’s so smart, by golly.

  4. Meanwhile, most downtown crosswalks are either faded and barely decipherable due to lack of maintenance, or decorated over with curlicue patterns and the names of rich people (see: Cultural Trail; garishness). Can’t reasonable people agree that proper crosswalk markings – white rectangles in the same pattern recognized as a crosswalk the world over – would be a safety improvement?

    Of course, this sensible solution doesn’t f- with cars by decorating in the streets and snarling vehicular traffic, so the anti-car people will find a reason to be opposed.

    1. I agree, all cross walks should be marked with the white bars, but just like the lack of money for pavement, the city is being starved of road funding in general, and that includes paint for street markings.

  5. Not allowing cars to make right turn on red downtown is as bad of an idea as the Red Line bus system. Use common sense. When cars legally turn right on red the crosswalk says “DO NOT CROSS” to the pedestrians. If they are hit by a car it is because they are trying to cross when it is illegal. When the light is green it is hard for more than one car to turn right as the pedestrians have the “CROSS NOW” sign. I would like to read the details of the study of pedestian deaths at crosswalks allowing right turn on red. I’m sure it was flawed. Numbers don’t lie, but liars use numbers.

    1. All I’m hearing from you is a lot of hearsay and no evidence as to why you believe the pedestrian study was “flawed.” Sounds like you’re an entitled suburbanite who believes drivers should have carte blanche authority to do whatever they want, pedestrians be damned. You’re the one lacking common sense when you fail to recognize that pedestrians and cyclists are the most vulnerable road users.

  6. Not allowing cars to make right turn on red downtown is a bad idea. Use common sense. When cars legally turn right on red the crosswalk says “DO NOT CROSS” to the pedestrians. If they are hit by a car it is because they are trying to cross when it is illegal. When the light is green it is hard for more than one car to turn right as the pedestrians have the “CROSS NOW” sign. I would like to read the details of the study of pedestian deaths at crosswalks allowing right turn on red. I’m sure it was flawed. Numbers don’t lie, but liars use numbers.

  7. No Turn on Red does not make sense. More congestion, car accidents, and road rage. Most pedestrians are getting run over by drivers making legal turns on green lights, but not yielding to people. This is especially true with folks crossing the street and drivers making left turns without looking.

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