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Editorial September 14, 2006
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Legislative immunity and partisan politics

We've often argued that immunity for Alabama legislators is an outdated and unneeded law. Back in 1901 when the state constitution guaranteed legislators immunity to and from legislative sessions, there might have been a problem of unscrupulous lawmen hampering legislators' travels for political motives.

There may still be a bit of a threat but it is certainly not the issue it was 100 years ago. Elected legislators shouldn't be above the law.

But legislative immunity aside, we think the flap that resulted after a state trooper stopped State Sen. Pat Lindsey, D-Butler, for speeding was caused by miscommunication on both men's part. It has likely been fanned by partisan politics because Lindsey is in a heated election contest with Republican challenger John McMillan.

Lindsey was apparently exceeding the speed limit when he was stopped headed south on Highway 17 (to Montgomery?) in Washington County. The state trooper said he asked Lindsey if the Legislature was in session and Lindsey said "yes." Lindsey said the trooper said something about "legislator" but he didn't hear "session" mentioned. The trooper gave Lindsey a verbal warning and sent him on his way.

A few days later the matter made the daily newspapers around the state.

We wonder if the troopers reported the matter to the media (they don't usually report when they let somebody go) or did a reporter receive a tip about the incident and inquire about it?

Pat Lindsey may be guilty of a lot of things but we know he wouldn't lie about the Legislature being in session-especially, as he noted, when it was so easy to find out it wasn't.

We think this was a case of misunderstanding with a generous dose of politics thrown in too.

'Tis the season.


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