For now, callers can still talk and drive

Some Largo officials are wondering if talk of outlawing drivers' cell phone conversations was premature.

By ERIC STIRGUS

© St. Petersburg Times,
published August 7, 2001

LARGO -- You're driving south on Missouri Avenue and, suddenly, you notice red and blue lights flashing in your rearview mirror.

You put down your cell phone after telling your friend you have no idea why the police officer has pulled you over.

"I wasn't speeding," you tell the officer.

That's correct, the officer replies. But you were talking on your cell phone while driving, a no-no in Largo.

Such a scenario has sparked some stirring debate around town in the two weeks since city Commissioner Marty Shelby suggested Largo could become the first Pinellas city to ban the use of hand-held cellular telephones while driving in city limits.

But uncertainty about whether such an ordinance would prevail in the courts has prompted several city leaders to suggest Largo back off pursuing such legislation.

"To me, this is not a responsibility of ours at all," said Commissioner Pat Burke. "It is a state issue and, perhaps, a county issue."

Shelby asked the city's staff to study the issue after state Attorney General Bob Butterworth wrote an opinion last month suggesting a city could pass such an ordinance. Shelby's interest in such legislation stems from some close calls with other motorists preoccupied with their phones.

City Attorney Alan Zimmet wrote a memo to Shelby last Wednesday saying that state courts are not bound by such opinions and that the ordinance might be rejected by a judge. Zimmet's memo was made public Monday.

"The fact that the attorney general say it's okay doesn't mean a judge is going to agree," Zimmet said Monday.

Zimmet's memo did not advise the city whether it should continue to pursue such legislation, and he declined to comment about whether Largo should enact such an ordinance.

City Manager Steven Stanton, who has said he believes the idea has merit, said it would be up to Shelby whether the city continues to study the issue. Shelby could not be reached for comment Monday.

"Personally, I think it's a matter of public safety," Stanton said Monday afternoon. "At some point, some jurisdiction is going to inject itself in this. Whether it can happen at the county, state or national level, I don't know."

In June, New York became the first state to pass such legislation. But there are no such rules on the books in Florida.

Sheriff's Deputy Cal Dennie, a spokesman for Pinellas County Sheriff Everett Rice, said Monday it would be problematic to administer a cell phone law, noting that deputies would have to peer into every vehicle to spot violations.

While some observers support the ordinance, others have scoffed at Largo for pursuing it. Since discussions hit the news, Burke said she has been approached by some who ask if they will someday be arrested while driving through Largo.

Though she did not find the comments very amusing, Burke said she agreed with the sentiments, saying it will be difficult to enforce.

"It's government at its worst," she said.

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