GERMANTOWN, Ohio — You can still talk on the phone and drive at the same time in this Montgomery County village.

        By a 5-2 vote Tuesday night, council rejected a proposed ordinance that would have allowed police to issue citations to people who talk on cellular phones while driving.

        “Police will stop (cell-phone users) only if they're involved in an accident,” said Councilman Richard Pettit, a former sergeant on the local police force. “There were opinions each way. A lot of people said they had to use phones because of their jobs.”

        The ordinance would have exempted drivers who had to call police and fire units. Violations would have been a minor misdemeanor, but no specific fines had been set.

        “I think such a law is crazy, terrible,” said Pam Southard, a longtime Germantown resident. “I don't like to see accidents, but I want to use my phone.”

        Supporters said the proposal would have protected other motorists as well as pedestrians from distracted drivers.

        North Olmsted and Brooklyn, two communities in northern Ohio, have passed such laws, Germantown officials said, and sentiment is growing nationally to discourage drivers from using cell phones.

        Kentucky legislators are considering a bill that would require drivers to use hands-free mobile phones. Motorists who disobey could be fined $20 to $100. The purpose of the bill is to make highways safer.

        Last month, Oregon barred local governments from regulating cell phones and driving, but Santa Fe, N.M., banned it and North Bend, Wash., made “inattentive driving” a violation.

        Other than public safety issues, Mr. Pettit said he isn't certain what inspired the proposal in Germantown, a town of about 4,900 people. But he doesn't think a rash of accidents involving cell phones started the matter.

        Scott Pickup, Germantown's municipal manager, said one problem is that police rarely issue citations for inattention when people are talking on mobile phones.

        “Reaction to the proposal has been all over the map,” he said. “It's hard to say where the sentiment lies. I don't know if the prevailing thought is, "Life, liberty and the right to use cell phones.'”

        “There are other things more pressing,” added Joy Flory, who works at Southard Insurance Agency. “I do think it's dangerous to talk on a cell phone while driving, but people do all sorts of things in cars.”

        Last year, New York banned the use of hand-held cell phones while people are driving. Ohio's proposals are still in committee, but nationally more than 100 municipalities have banned cell phones from cars or restricted their use and about three dozen states are considering similar legislation.

        At Mike Gault's Village Barber Service in Germantown, the proposal wasn't popular, regardless of origin.

        “It takes away your free speech if you can't use your cell phone,” he said. “I guess council decided that too many people were talking on their phones, and wanted to do something about it.”

        Added customer Ron Green: “Every time government votes on these kinds of issues, it takes away another privilege from the individual. It's an excuse (for police) to pull somebody over.”

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