Niles officials, residents voice concerns about cell-phone ban

By Jordan Cohen

Residents voiced their protests during the committee meeting.

NILES — The chairman of council’s safety committee said he is “90 percent certain” he will delay second reading of a controversial ordinance to ban hands-on cell-phone use by motorists within city limits.

Councilman Edward Stredney, D-3rd, responded after a committee meeting in which several residents voiced opposition, and the city prosecutor and police chief agreed more information is needed before council proceeds.

The ordinance limits cell-phone usage within city limits to a hands-free device with both hands on the wheel. Hands-on cell-phone calling, text messaging and e-mailing would be prohibited, with fines ranging from $25 to $100.

The meeting Wednesday in a small conference room was packed with city officials and several residents, none of whom spoke in favor of the proposal. Police Chief Bruce Simeone admitted he has a critical issue with it.

“I went through a number of accident reports through the years, and we have not found an issue where we can pinpoint that cell phones were the cause,” Simeone said. “I don’t think this is enforceable.”

Safety Director Maurice Guarino, who supports the ordinance, said it is based on a law passed in Brooklyn, Ohio, in 1999 — the first community in the United States to impose cell-phone restrictions while driving.

“This is like preventive maintenance,” Guarino said. “We have to start somewhere. We’re trying to save a life.”

Residents disagreed, citing what they believe are flaws in the ordinance.

Tammy Pavalillo argued that council would have to legislate other driving distractions such as smoking, eating or drinking a cup of coffee. She also questioned the requirement that motorists park if they are holding their cell phones.

“You can’t expect 16-wheelers to pull over,” Pavalillo said.

“You’re legislating our rights away,” said Eric Gelsomino, owner of a Niles supermarket, who argued that the hands-on requirement has a loophole.

“If I’m an amputee, does that mean I can’t drive in Niles?” Gelsomino said.

Stredney asked each resident who spoke whether text messaging and e-mailing while driving are dangerous. All agreed that they are.

Also among the opponents is Anthony Cafaro, Jr., vice president of The Cafaro Company, owner of the Eastwood Mall in Niles. In a letter on mall stationery, Cafaro, who did not attend the meeting, said he opposes the cell-phone ordinance because of its “negative impact on the economic climate of the city of Niles.”

City Prosecutor Terry Swauger warned that charges under the ordinance would be considered criminal offenses making them “difficult to process” due to the necessity of obtaining cell-phone records necessary for prosecution.

“Most phone companies only keep them for 30 days,” Swauger said.

The prosecutor plans to call his counterparts in Brooklyn on Friday to get more information about enforcement of that community’s ordinance, the model for the Niles proposal.

Stredney said that because of the lack of information, he was leaning against bringing up the ordinance at next Wednesday’s council meeting.

“I think we may have the safety committee meet again after we get the information and before the ordinance is brought back to council,” he said.

Though the chairman left open the possibility of changes to the ordinance, he vowed not to back down from his support of two of the proposed bans.

“I firmly believe e-mailing and text messaging [while driving] are dangerous, and I consider those non-negotiable,” Stredney said.