Cell ban on hold in Niles
Officials raising enforcement issuesBy BILL RODGERS Tribune Chronicle
NILES - Amid questions of how to enforce it, a ban that would prohibit drivers from talking or text messaging on their cell phones could be tabled.
Safety committee chair and Councilman Ed Stredney, D-3rd Ward, said at a meeting of the committee Wednesday afternoon that he was "about 90 percent sure" the ban wouldn't be on the agenda for its second reading at the city council meeting Oct. 21.
Instead, the committee will speak to officials in Brooklyn, Ohio, about how they enforce their cell phone ban. Safety Director Maurice Guarino said the ban was modeled after that city's existing one.
"It's like preventative maintenance," he said, citing that the ban was for safety in the city.
Faced with some opposition to any kind of cell phone ban, Stredney said there may be amendments to it on the way, but he asked everyone who spoke during the committee meeting whether they thought text messaging while driving was safe. Many said they were against it, but still wondered how the ban would be enforced.
Stredney isn't willing to back down on a ban against text messaging and e-mailing.
"That's not up for discussion," he said.
Cell phone use while driving would be a primary offense, he said. That means officers would need no other reason to pull over a motorist if he or she is observed using a cell phone.
Police Chief Bruce Simeone said that unless a driver confessed to using a cell phone it would be difficult to prove. He also questioned how much cell phone use contributed to accidents in Niles.
"We haven't had any issues that we could pinpoint cell phones as the actual cause of the accident," Simeone said. He said he reached that conclusion after reviewing crash reports.
The Cafaro Co., which owns the Eastwood Mall Complex in the city, also joined some of those against the ban. In a letter on Eastwood Mall stationary, Anthony Cafaro Jr. told Simeone that such legislation would be "troublesome and unnecessary," warning that it could have a negative effect on the city's economy.
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NilesOhio
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10-15-09 3:06 PM
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I'm wondering if it might have to do with it not technically being a "moving violation." In the case of drugs or alcohol, don't police have to document a navigational error to warrant pulling someone over? I can see the window tinting business taking off soon in Niles.
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jonathon
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10-15-09 2:10 PM
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Correction, why do the court NOT find it difficult to convict
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jonathon
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10-15-09 2:09 PM
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Come on Simeone, "unless a driver confesses it would be difficult to prove" why then if a motorist is ticketed for a stop sign or any number of offenses why do the courts find it difficult to convict without a confession. The officers WORD and statement is more than enough. Quit coming up with lame excuses, if your officers see someone on a phone, ticket them and let the court settle it. Weren't you paying attention in police school?????????
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Vynnie
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10-15-09 11:00 AM
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I don't know how many times per day that I am cut off by a driver on a cell phone. That being said, I see both sides of the issue. My concern is safety for myself and my family. If you are concerned about your own safety, you don't text while driving. If you don't care about your safety and do get into an accident because of texting, the fines from the accident and the rise in your insurance premiums will teach you a lesson. If it happens to you again, it may not be as lucky as the previous situation and no one is to blame but yourself.
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pahootaman
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10-15-09 10:50 AM
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JasonNiles, so does Maryland, California and Washington state.
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JasonNiles
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10-15-09 10:43 AM
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How to enforce it??? Easy, when you see someone with a cell phone up to their ear, you pull them over. Not a real tough way to enforce it. I cannot beleive that the cops and city council are not able to figure this out. I talk on my cell phone when I drive from time to time, and I don't care what anyone says, you are distracted, even if its just a little, when you are on your phone when you are talking. And by the way, the city of New York has a ban on cell lhone usage when you drive and they are doing just fine there.
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midname
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10-15-09 10:21 AM
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Wow remember the good old days when everybody had a C.B.RADIO IN THEIR CAR AND TRUCK?? 10-4 old buddy whats new? these have been replaced with cell phones.WHAT WE REALLY NEED IS VIDEO CELL PHONES,THEN WE CAN SEE AND TALK AT THE SAME TIME.THIS WILL REALLY IMPROVE YOUR DRIVING!
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NilesOhio
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10-15-09 9:42 AM
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I'm not personally for or against this. I can definitely see how cell phone use can cause an accident. If it saves even one life, it's worth it. On the other hand, I don't think that the total ban of cell phone use is good. If the use of a headset is acceptable, then I'll get a headset. Whoever thinks that texting or reading while driving is not dangerous is going to kill someone, if not themselves. While it's probably a good idea to not be unnecessarily distracted, it may be better to leave that up to the individuals driving to decide and not the government.
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pahootaman
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10-15-09 9:26 AM
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As somebody that lives in what I refer to as "Defensive driver hell" (Washington DC), I can attest that when I visit Warren and thereabouts, I can say with absolute certainty that NE Ohio has some of the worst drivers in the Nation. Come on, I live in a area of the nation where there's foreigners with diplomat plates that can totally t-bone a guy and have immunity. THEY are better drivers than some of you in Warren. My brother had his car totalled on E. Market Street (downtown by the tracks) because some teenaged girl was txting and not looking up, hitting him at 40 mph. She didn't see a 11 foot long green car because her BFF was LOLZ to some SXTXT MSG. That doesn't mean you grown ups are off the hook. You're the worst, how many times have I have to swerve to avoid a wreck in the Target/Wal-Mart parking lot because so and so is busy talking on a cell phone while finding a spot. I'm sure I'm not alone in this. If you HHAaAAAVVeee to talk while driving, get an ear piece
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PIPEL1961
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10-15-09 9:09 AM
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Sorry, should be "...phone use IS more dangerous..."
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PIPEL1961
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10-15-09 9:09 AM
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EarlyRiser and NilesResident, I'm with you. I see a person who is driving outside the lane, driving slower than the rest of the traffic flow, blocking traffic, and it's someone on the cell phone. If someone wants to use a cell phone, it needs to be hands free. Which means no texting, dialing, or reading your blackberry. It's been proven that cell phone use or MORE dangerous than drunk driving.
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HUNTER
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10-15-09 8:15 AM
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DrSpankit,( AMEN ) STUPID STEELERFAN
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DrSpankit
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10-15-09 8:13 AM
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*Excuse me,Soccer moms name is,'herewegosteelers'.Not 'steelersfan.'
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HUNTER
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10-15-09 8:11 AM
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Camm76, YOU HAVE THAT KIND OF DRIVER IN ANY CITY OF THIS GREAT USA.
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DrSpankit
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10-15-09 8:11 AM
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See what I said about those soccer moms!Now,we have one named 'Steelersfan'admiting to being Stupid.
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Herewegosteelers
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10-15-09 8:05 AM
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I'm actually reading this article while driving, don't worry though, I'm able to look up every few seconds to make sure I'm driving ok. I'm really glad the cell ban wasn't passed! I'd be fined every day!!
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DrSpankit
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10-15-09 7:43 AM
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Anyone remember back when Nilesand his 'merry band of jackboots',initiated the BIG fine for joint rolling papers just after the State of Ohio decriminalized the stuff...It was just another way to make money in Niles via their courts...Same as now!Nothing safer,will come from this act either.
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NilesResident
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10-15-09 7:39 AM
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"who" not "how" - sorry!
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NilesResident
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10-15-09 7:37 AM
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Insanity rules! Chief Simeone cannot openly support this because it is his nephew how is the main opposition to it “Jon Wilke”. I cannot believe that in the last 3 years that there has not been one auto accident that cannot be attributed to the driver not paying attention and playing with a cell phone or other electronic device. Sounds like another example of shoddy paperwork. He doesn’t want an uprising in the police department (probably the worst offenders) followed by the municipal employees (probably ¼ of his relatives). Maybe this should be a state law and take the local politics out of it. Don't give up the fight Ed.
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Camm76
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10-15-09 7:31 AM
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What a joke. This area has some of the worst drivers on the planet. You've got your speed demons, tailgaters, stop sign rollers, red light runners, and the clowns who pull right out on you. (Had one do that yesterday and the rust heap he was driving cut off.) Yet Niles (of all places) is jumping on the cell phone ban TREND? Why not actually ticket all bad drivers instead of passing more stupid laws that you're not going to enforce anyway?
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EarlyRiser
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10-15-09 7:14 AM
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Cell phones are a problem while driving, get your head out of the sand and start looking around while you are driving and you will see how stupid people drive while on the phone.
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DrSpankit
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10-15-09 6:37 AM
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Soccer moms and Community school bus drivers,are the real dangerous creatures on the roads..not teens and cell phones.
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ndirish
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10-15-09 6:21 AM
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I think if you are in an accident that is your fault you should have to provide cell phone records to prove your were not talking or texting when the accident occurred. I see a lot of people driving erratically and when you get near them you can see the are looking at their phones be it text or email?
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OldManGrump2
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10-15-09 5:51 AM
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Just ask Arnold how hard it is to enforce the cell phone ban while driving in California. Even his wife was caught on film doing it while driving. Like always politicians act with out thinking and this ban for Niles & the one in CA aren't working. I think Niles council was just looking for another revenue raiser. Just like with FE & the PUCO CFL lightbulb giveaway, the politicians run for cover when the people get angry about some stupid proposal.
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OldManGrump2
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10-15-09 5:51 AM
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Just ask Arnold how hard it is to enforce the cell phone ban while driving in California. Even his wife was caught on film doing it while driving. Like always politicians act with out thinking and this ban for Niles & the one in CA aren't working. I think Niles council was just looking for another revenue raiser. Just like with FE & the PUCO CFL lightbulb giveaway, the politicians run for cover when the people get angry about some stupid proposal.
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