RUCKUS OVER NOISE; MANUFACTURER JOINS SUIT VS. BLOWER BAN.

Byline: Rick Orlov Daily News Staff Writer

Call it lawn-care equipment discrimination.

Several local gardener associations and one of the nation's largest makers of leaf blowers are suing the city of Los Angeles over a ban on the gas-powered devices, officials said Friday.

The lawsuit, filed in Los Angeles Superior Court, raises questions as to why the ban doesn't apply to lawn mowers and weed trimmers.

``We think enough is enough,'' said Robin Pendergrast, spokesman for Echo Inc., which makes leaf blowers. ``Most of the concerns raised were over noise, and leaf blowers are no louder than the lawn mowers and Weed Whackers out there that people use. We just feel the council should be even-handed.''

Pendergrast said leaf blowers' noise level of 65 decibels at a distance of 50 feet dos not warrant singling them out.

Los Angeles City Councilwoman Cindy Miscikowski, who has taken over support for the measure from her predecessor, Councilman Marvin Braude, said she was not surprised by the lawsuit.

``This represents the unwillingness of the industry to recognize they haven't prevailed,'' Miscikowski said. ``It's more than just the noise. It's the pollution these machines put out in the air.''

The city law was to take effect July 1, but enforcement was delayed six months because the Los Angeles Police Department said it was not prepared to enforce the measure. A meeting is scheduled for Monday before the City Council's Environmental Quality and Waste Management Committee on the status of enforcement.

``We feel the city went too far and should have looked at other alternatives,'' said attorney Ron Van Buskirk. ``The main point we are making is that the city should have looked at other alternatives rather than an outright ban.''

Officials with the City Attorney's Office said they would not comment on the lawsuit until it has been reviewed over the next 45 days.