Allentown's overturned cellphone ban could impact Philadelphia

May 07, 2011|By JAN RANSOM, ransomj@phillynews.com 215-854-5218

Philly officials are confident that a Lehigh County judge's ruling this week that overturned Allentown's ban on cellphone use while driving poses no threat to a similar city law.

But Allentown Mayor Ed Pawlowski warns that other towns with comparable bans need to watch out.

"Other municipalities should beware," Pawlowski said. "This may happen to you. What happens here will reverberate to other municipalities."

Lehigh County Common Pleas Judge James T. Anthony invalidated Allentown's 2010 ban on the use of handheld cellphones while driving, ruling that the ordinance pre-empted state law and was therefore invalid.

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The ruling follows an appeal by two residents who were cited for using their cellphones while driving.

Philadelphia City Council members - who passed a similar ban in 2009 - say they're not breaking a sweat just yet.

"This is about public safety. This is not about a municipality trying to overturn the vehicle code," said Councilman Frank Rizzo, who along with Councilmen Bill Green and Bill Greenlee proposed Philadelphia's ban. "I think now most people are going to wait and see what happens in Allentown."

Anyone caught violating the law in the city face fines between $150 and $300.

If Allentown officials decide to appeal this week's ruling and lose, it could have an adverse affect on Philly law.

Martha Johnston, senior attorney with the city solicitor's appeals and legislation unit, said that would depend on the language in the appellate-court ruling.

Johnston said the city's law has not been challenged, and Green added that ignoring Philadelphia's ban would not be a moving violation but a code violation that has nothing to do with state law.

"We believe we have the ability to regulate behavior on our streets like littering or spitting, walking, biking or driving," Green said.

State Rep. Josh Shapiro, the Montgomery County Democrat who has long pushed for a statewide ban, said Anthony's ruling could inspire others to file suit.

"It further points out a need for a statewide law so that we don't have judges from different municipalities . . . with different laws and so motorists can follow the same law," he said.

Shapiro's proposal passed in the House last session only to die in the Senate. But he said the fight was not over.

"Distracted driving is the No. 1 cause of accidents . . . cellphones are the No. 1 driving distraction," said Shapiro, who is running for Montgomery County commissioner. "We have the ability to make our roadways safer. [It's just] a small number of legislators who don't understand the dangers that texting and driving pose."

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