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City Council committee OKs cell-phone limits for drivers, despite precedents

A City Council committee yesterday approved a ban on cell-phone use by drivers here, despite PennDOT's position that the legislation conflicts with the state motor-vehicle code.

A City Council committee yesterday approved a ban on cell-phone use by drivers here, despite PennDOT's position that the legislation conflicts with the state motor-vehicle code.

The Committee on Streets and Services backed the ban, which would require drivers to use a "hands-free" device and would prohibit the sending of e-mails or text messages while driving. The ban applies to people using scooters, bikes, roller skates and skateboards.

Rich Kirkpatrick, a PennDOT spokesman, noted that a Bucks County Common Pleas judge in 2000 struck down a similar law in Hilltown Township.

Philip J. Berg, the attorney who won that case, has vowed to represent for free anyone cited in Philadelphia if the law is passed.

Councilman Frank DiCicco, who supports the proposed law, said that the city Law Department told him a few years ago that a cell-phone ban would be pre-empted by the motor-vehicle code. He wondered if the Philadelphia Police Department would enforce the law if it is passed.

Francis Healy, an attorney and chief adviser to Police Commissioner Charles Ramsey, told DiCicco that sending a message to the General Assembly in Harrisburg was more important than whether the law would be enforced. Healy noted that Council and Mayor Nutter had approved legislation last year on local gun-control laws even though the state Supreme Court had ruled that only the General Assembly can pass gun legislation.

"Just because there are preemptions that exist, that doesn't mean they're not worth fighting against," Healy said. "This may be one of them."

Councilmen Bill Greenlee and Bill Green, who proposed the cell-phone ban last August, said that the city Law Department has issued a memo saying that the law as written could be enforced.

Bill Arnold, a self-employed insurance agent from Port Richmond, offered the sole testimony against the legislation. He complained that the cell-phone ban would limit his ability to work from his car out on the road.

"We have to weigh the small risk versus the larger loss of convenience and business," he said.

In other business, the committee approved legislation to permit newsstand owners to install 24-inch LCD units inside their stands to broadcast advertising. Newsstand owners said that drop-offs in newspaper and cigarette sales have created the need to find new ways to make money.

SCRUB, an anti-blight group, warned Council that the legislation could open up the city to lawsuits by billboard companies seeking similar arrangements.

Both bills could come up for final approval by the full Council next week. *