Shoshana Weissmann, digital director at the R Street Institute, said Colorado’s House Bill 1291 could unfairly prevent rideshare drivers from working based on past arrests for crimes they did not commit.
“Colorado bill could stop rideshare drivers from working due to being arrested for a crime they didn’t commit,” said Weissmann.
According to an analysis by the R Street Institute, Colorado’s HB 1291, although presented as a public safety measure, imposes stringent regulations that may negatively impact the state’s economy, consumer choice, and civil liberties. The bill requires rideshare companies to implement fingerprint-based background checks and audio/video recording of rides. These requirements are seen as costly and intrusive, potentially violating privacy rights. The analysis suggests these mandates could reduce driver availability, increase costs for riders, and disproportionately affect low-income and minority workers. Similar policies have previously led to rideshare companies withdrawing from cities like Austin, Texas.
The proposed legislation has sparked significant debate in Colorado. Uber has threatened to cease operations in the state if HB 1291 is enacted. Initially inspired by a lawmaker’s personal experience with assault, the bill has been revised significantly. It no longer includes mandatory ride recording or real-time identity checks but still requires semiannual background checks and quick driver deactivation following complaints. Additionally, it introduces a private right of action for riders in cases of assault, injury, or death. Both Uber and Lyft oppose the bill due to high compliance costs and potential legal inconsistencies.
Uber and Lyft have urged Colorado Governor Jared Polis to veto HB 1291. Lyft joined Uber in opposing the legislation through a letter addressed to Polis highlighting concerns over its flawed nature. The companies criticize provisions such as new background check requirements, bans on drivers offering food or drink, mandatory in-car recording, expanded liability measures, data-sharing obligations, and privacy issues related to records retention.
Weissmann is also known for her work at the R Street Institute on various issues including occupational licensing reform and social media regulation. Her policy efforts often draw from personal experiences with technology-related matters such as child identity theft.
