Tonight the Chapel Hill town council will reportedly take up — yet again– whether or not to ban talking on a cell phone while driving in town. If the council decides to go all out and ban even the “hands-free” method, it will be a first. I have, many times, argued in this space that if the concern is really about addressing driving distractions, then the first thing that would be banned is children as passengers. That, of course, is preposterous. Like it or not, banning cell phone use while driving, and banning children as passengers, are intellectual equivalents within the context of the distraction they represent. But here’s the kicker about Chapel Hill’s case, courtesy of the News & Observer.
Chapel Hill is considering the ban despite an opinion from the state attorney general’s office stating that a ban is outside the town’s authority.
Town Attorney Ralph Karpinos wrote the state attorney general last year asking if the town had the statutory authority to regulate cell phone use.
Assistant Attorney General Jess Mekeel said no.
