Chapel Hill towing cases new judgment from N.C. Supreme Court

The North Carolina Supreme Court said Friday it will hear a case involving the town towing ordinance and ban on cell phone use while driving.

The case started in 2012 when George Towing and Recovery filed a court case after the cell phone rules took effect. The towing rules were scheduled to begin in June, but Superior Court Judge Orlando Hudson stopped the enforcement of both rules May 2.

In August 2012, Hudson rejected the towing rules as an unconstitutional rule of trade and said the town doesn’t have the authority to enact a cell phone ban.

The town appealed that result to the North Carolina court of Appeals. It ruled in June that the towing rules, which capped fees and required signs in tow zones among other actions, were a valid use of the town power to protect the health, safety, or welfare of its citizens.

The court also upheld the town’s cell phone ban but did not rule on the issue of whether the town has the right to enact such a ban. The court instead said the case would have been more fitting if a tow-truck driver had been cited for violating the ban and challenged that case in court.

The town’s cell phone ban, as written, would only be enforced if a driver is stopped for another violation. A driver using either a handheld or hands-free device behind the wheel would pay a $25 citation. An attorney for towing company owner George King then appealed that decision to the Supreme Court.

The Supreme Court put the town under a temporary stay and court order that prevents it from enforcing either rule. Both sides now will file papers supporting their cases. The hearing will be scheduled for a later date.

Chapel Hill Mayor Mark Kleinschmidt has said he is looking forward to hearing what the Supreme Court has to say following a Cabarrus County decision last year that North Carolina towns only have the authority the government gives them. 

The court’s decision will further clarify that ruling and will have far-reaching special effects in Raleigh, Durham, Ashe ville and other cities with similar rules, Kleinschmidt said.