The problem isn't that we have texting laws, but that we have public spaces. For example, if I decide to build a new PRIVATE highway, then I can say that people may or may not text, the speed limit (if any), etc. The government should have nothing to do with what I do on my private property. People on my highway will accept the risks that they take. As for cities, covenants such as we have in many neighborhoods would work jut the same. One covenant may allow it, another may not.