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Judge overturns Allentown's cell phone banMay 05, 2011 (The Morning Call - McClatchy-Tribune Information Services via COMTEX) -- A Lehigh County judge has ruled that Allentown's ban on motorists' use of hand-held cell phones is invalid, saying only the state, not local municipalities, can enact such a law. Judge James T. Anthony was scheduled to hold another hearing on the case Friday, but in an opinion written late Wednesday, he decided he's heard enough evidence to conclude the city's cell phone ban, passed in March 2010, is invalid. In the five-page opinion, Anthony said the ordinance is preempted by state law and is not valid because the state's Motor Vehicle Code does not provide authorization for a municipality to enact a cell phone ban. "The (state) legislature can certainly pass a statute specifically covering the use of cell phones while driving, and any other matters concerning distracted driving, but has yet to do so," Anthony wrote. "Until such time, (the city's cell phone ban) is preempted by state law, and is therefore invalid." The contentious issue came before Anthony after Allentown attorney Joseph Maher appealed the cases of two area residents-- Rose Marie Reyes and Tyrone Steiner -- who were cited for using cell phones while driving. Both were found guilty at the magisterial district court level last summer of violating the ordinance and both were fined. Mayor Ed Pawlowski, who signed the bill into law on March 9, 2010, called the decision "unfortunate." "I think a lot of folks believe texting and talking while driving is dangerous," Pawlowski said. "It's unfortunate he would rule this way. What it does is cause a lot of pain and suffering because it will encourage more people to talk on the phone while driving." Pawlowski said the city will decide if it will appeal. Doing so could set a statewide precedent on the matter by a state appeals court that would affect residents all over the state. To see more of The Morning Call, or to subscribe to the newspaper, go to http://www.mcall.com. Copyright (c) 2011, The Morning Call, Allentown, Pa. Distributed by McClatchy-Tribune Information Services. For more information about the content services offered by McClatchy-Tribune Information Services (MCT), visit www.mctinfoservices.com. |