New York Vice

It's getting a lot tougher these days to enjoy personal vices in New York City. First the adult movie theaters were cleaned out of Times Square. Then last August, recently elected Mayor Michael Bloomberg proposed a smoking ban in restaurants and bars. And now a city councilman wants cell phones silenced in the city's theaters and museums.

Councilman Philip Reed from New York's 8th District has proposed legislation that would make it a misdemeanor — punishable by a $50 fine — to send or receive transmissions using wireless handsets in any venue where people gather to be entertained, educated or participate in cultural events. Reed's law marks the second time in a little more than a year that the state's legislators have targeted cell phone users: In July 2001, New York became the first state to ban handset use while driving.

It wasn't one specific incident that got Reed thinking about doing something about mobile phone annoyances, but the cumulative effect of many aggravations over several years. He added that he isn't alone in his ire.

“Those things are driving me and everybody else crazy,” he said. “All you have to do is ask people about it, and perfect strangers start telling stories. Two days ago somebody was telling me about a phone going off at a wedding, during the vows. He couldn't believe it.”

Reed knows his law will make many extremely unhappy — he's been a city councilman since 1997, so he knows how quickly New Yorkers can become disgruntled. But it's unlikely he'll care much. He's a hardened and experienced activist who has participated in all sorts of polarizing causes such as supporting the civil rights movement (including marching with the Rev. Martin Luther King Jr.), helping organize California farm workers and lobbying for gay rights.

His proposal primarily targets theaters and movie houses, where following the dialogue is key to enjoying the experience. But the law could also apply to museums and colleges in the city such as Columbia University, where lectures or guided tours take place. Sources say a compromise is being worked out to exclude sports stadiums and arenas.

“It's not the same type of distraction. Arenas are pretty noisy,” said Barbara Janowitz, a representative of the League of American Theaters and Producers. “When you're sitting watching a game, who really cares whether a phone rings?”

But it's a major annoyance in a theater, particularly one where live performers are plying their craft. “They are so disruptive it would be difficult for anyone to argue against this,” Janowitz said. “They're not only disruptive for the audience, but also to the actors on stage and the performers in the pit. It's such an obvious no-no.” She added that the more persnickety performers have been known to rebel. “Stanley Tucci has stopped performances in the current run of ‘Frankie and Johnny.’ It's so important to the performers — and the audience — that the mood, their concentration and their focus not be broken.”

There are those, however, who will explore ways to challenge Reed's proposal. Already the hand-wringer set is fretting about safety issues. The Cellular Telecommunications & Internet Association wonders about the consequences when a parent is unable to receive an emergency call from a child or baby sitter. The trade group prefers an educational approach that would foster better manners and greater common sense amongst wireless subscribers.

“Women, teenagers and the elderly look at their cell phone as a safety device,” said a CTIA spokesperson. “In fact, it's one of the primary reasons they bought the phone in the first place.”

There's also concern that embarrassment will be caused and the theater- or movie-going experience ruined should police swoop in during a show to bust scofflaws. Both Reed and Janowitz believe that such fears are not only unfounded, but also ridiculous.

Reed expects police to be judicious in their enforcement of the law. “If people are driving down the highway at 95 miles an hour taking somebody who's sick to the hospital, the police give them an escort. They don't hand them a ticket,” Reed said.

The New York City police department said it wouldn't comment on Reed's law specifically until it is passed. But an NYPD spokesman said the department hopes common sense will prevail and that patrons will police themselves, adding that the department won't be storming Carnegie Hall or Radio City any time soon.

Despite their ubiquitous nature, cell phones are still a relatively recent phenomenon, and Janowitz anticipates that if Reed's law is passed, users will eventually return to their pre-wireless behaviors.

“Before there were cell phones, parents left the name and number of the theater with the sitter and left the name of the pediatrician with the neighbor down the street or the mother-in-law,” she said. “There are many ways of dealing with that other than leaving your cell phone on during a performance.”

Reed agreed that the law will become a non-issue if people simply think, rather than react. “If you have the phone set on vibrate and you see the call is from your house, it's not difficult to take your behind out to the lobby,” he said. “Just get up and leave the theater and take the call. You don't have to sit there and negotiate.”

Unfortunately, it won't be quite so simple in practice, and Reed knows it. Though he anticipated about 60% of users will refrain from using cell phones when they're not supposed to simply because a law will be on the books, he is well aware that common sense is a precious — often scarce — commodity in our society, and there will be a certain element that will cause a ruckus the moment they're confronted.

“Inevitably there is going to be some lout who is going to be problematic,” Reed said.

Janowitz agreed that the law won't rid the world of cell phone disruptions entirely, but she believes it will have an impact. “It's going to give the curtain announcement a lot more teeth to be able to say that it's against the law in New York City to use a cell phone during a performance.”

Small details such as whether lobby signs will be required are being hammered out to craft the bill's final language. Reed said the city council would vote on the bill in time for it to be in effect by the first of the year. He also said that he has the needed votes in hand and that public sentiment is running high in favor of the ban.

“People have stopped me on the street to thank me. They've even stopped me at the movie theater,” Reed said. “That's really funny.”