On September 21, 1998, the Manhattan Beach City Council, in California, passed a first reading of an ordinance which would ban all leaf blowers. The vote came after heated debate, in which both ban advocates and foes participated. Even an industry specialist participated, testifying that newer models will be less noisy. But, the leaf blower supporters lost by one Council member's vote.

Gas and electric blowers were covered by the new ban. A first time offender would get off with just a citation, similar to a parking ticket, but penalties are stiffer for repeat offenders.

And this is not an example of one west coast community going off the wall. Municipalities all over the country are considering similar ordinances. Anti leaf blowers activists point to noise and pollution as the reason for their strong feelings.

While many Americans treasure what they perceive to be their inalienable right to bear leaf blowers, this very right is now under a nationwide attack. You better watch out; if you are not careful you may have to revert to raking. Perish that thought.

Last year in Los Angeles, the Council enacted an ordinance that banned leaf blowers all together. New York City, on the other hand, has less daring public officials. Unwilling to risk losing the pro- leaf blower vote, that City passed a noise ordinance which limits leaf blower residential usage to certain hours.

That's the difference between New Yorkers and Los Angeleans: New Yorkers would never allow such an absolute deprivation to occur. Any serious attempt would lead to protests down Fifth Avenue, with a leaf blower armed militia leading the way.

Now, almost 20 California communities have some degree of leaf blower controls. One State legislator, obviously filled with leaf hatred, proposed a bill which would prohibit municipalities from regulating leaf blower use. State Senator Richard Polanco introduced SB 1651, which was killed by anti-noise opponents. But similar proposals have again resurfaced. For the moment at least, this effort appears to be quiet.

Earlier this year, residents of Arlington Heights, Illinois proposed a noise control ordinance which would ban operation of lawn equipment before 8:00 AM. And some residents of Highland Park, Texas have formed a group to pressure local officials to enact a leaf blower ban. They have complained that because of leaf blowers, they cannot take walks or enjoy their porches.

There are, of course, pro-leaf blower crusaders on the other side of this noisy debate. One group, the Bay Area Gardeners' Association from Redwood City, California, has made one of its central missions the opposition of leaf blower bans. Pro blower advocates argue that these machines save time, jobs, and make yards look nicer.

To some, this is not just about noise. Some people have argued that banning or limiting noisy blower use has wide spread societal impacts. The argument that they advance is that minority populations are often hired to perform domestic lawn work and to operate leaf blowers. Limiting their use, it is asserted, will cut into these jobs and cause a disproportionate impact on groups who can least afford it.

So the newest battle field in the war to preserve individual freedom might be our suburban lawns. While debates will continue for many years, the fact remains that municipalities appear to be willing to consider these kinds of leaf blower restrictions.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.