160 drivers fined $75 for violating cell phone ban

You were warned.

Still, Philadelphia police issued citations by the fistful this week, after a city ordinance banning motorists from texting or talking on handheld cell phones while driving went into effect.

Ninety drivers took home the tickets on Tuesday, the ban's first day, police spokesman Lt. Frank Vanore said. Another 70 drivers received citations Wednesday and figures for tickets issued through yesterday weren't readily available, Vanore said.

City Council, in April, adopted the law, which also forbids handheld-phone activity on bicycles, scooters, in-line skates and skateboards. Enforcement of the ban began this month. Police spent November issuing warnings to phone-flaunting motorists, in an effort to educate citizens about the new restrictions.

Critics have bashed the bill as unconstitutional, saying that only state officials can enact motor-vehicle laws.

"This is absolutely unconstitutional," said Mike Henkel, 51, of South Philadelphia, a former longtime Traffic Court employee who hopes to get cited so that he can challenge the law in court. "Only the state has the authority to enact any law dealing with motor vehicles and moving violations."

But Lauren Vidas, legislative aide for Councilman Bill Green, a bill sponsor, said that the city can pass laws for "special circumstances" or on matters not addressed by state law.

The state doesn't address motorists' cell phone use (although lawmakers in Harrisburg are considering a texting ban), and the city's density serves as a special circumstance, she said.

"We're one of the few municipalities in the state where you have such a dense interaction between motorists, pedestrians and bicyclists," Vidas said. "It's understandable why Wayne County [Poconos] wouldn't need this ordinance."

Tickets carry a $75 fine, which doubles to $150 or more if the fine isn't paid. (Hands-free headsets are allowed.)

Want to challenge your citation? Don't go to Traffic Court.

Because it's a code violation, the citations must be appealed to the Office of Administrative Review, which falls under the city's Finance Department. Paula Weiss, the office's executive director, said yesterday that she hasn't received any appeals yet.

Because it's not a moving violation under state law, citations won't result in points against drivers' records. But it is a bootable offense, meaning that drivers who ignore too many citations could find an intractable metal "boot" on a tire when they go to retrieve their parked cars.