NYC Votes to Curb Annoying Use of Cell Phones

The City Council, overriding a veto by Mayor Michael R. Bloomberg, voted into law Wednesday a bill banning cell phone use during concerts, plays, movies, lectures, dance recitals and other performances.

The penalty for talking on a phone or even allowing it to ring is a $50 fine.

” ... People are very abusive of their space with their cell phones,” said Philip Reed, the council member who sponsored the measure. “Courtesy does not seem to be common these days. People are bored and just want to talk to somebody.”

The City Council’s 38-5 vote (with two abstentions) overrode the veto by Bloomberg, who had maintained that the law was unenforceable.

“Considering the challenges facing the city, we think our law enforcement officers should spend their time keeping New Yorkers safe instead of raiding movie theaters,” Edward Skyler, the mayor’s press secretary, said after the council’s vote.

In his veto message last month, Bloomberg observed: “We do not hesitate to shush.”

But Reed countered that it was a quality of life issue.

“We are at high alert.... The level of anxiety around here right now in New York is amazing,” he said, referring to tightened security in the city after a Code Orange alert was declared for the nation. “People are under stress.

“At least if you go to the theater and just want an hour and a half where you can forget this, I don’t think we should be annoyed with someone else’s cell phone,” he said.

The law, which also forbids beeping pagers, allows for electronic devices to be set on vibrate and for people to leave their seats to speak on the phone in lobbies and during intermissions.

The ban also covers museums, libraries and art galleries.

Cell phone use is permitted at such sporting events as basketball and baseball games and in emergencies.

During a hearing on the bill in September, some theater owners voiced support for the measure, but they wondered how well it could be enforced.

Opposing the measure was the Cellular Telecommunications and Internet Assn., an advocacy group based in Washington that has said etiquette shouldn’t be a matter for legislation.

Reed said the law, which will take effect in 60 days, requires movie theater owners to post signs and announce before the main feature that using cell phones is against the law.

“We have all had experiences” with cell phones ringing at inappropriate times, the councilman said, noting that when he went to see the movie “Chicago” last weekend, the phone of a woman in the audience rang three times.

Reed and some other council members acknowledged that the law could be difficult to enforce.

“There was never any intention the police were going to be running around” enforcing the law, Reed conceded.

Some New Yorkers greeted the ban enthusiastically.

“It is disturbing for a cell phone to be ringing in a theater,” said Ervin Springer, a facilities manager for a wine and spirits company.

“It is annoying,” said Willie Fernandez, a security guard. “I am in favor of the law. If you are coming in to watch a movie or listen to an opera, you should be courteous,” he added, noting that phones these days have different settings. “It vibrates. The indicator can tell you if it is an important phone call.”