Despite a legal opinion from the state Attorney General’s office that a ban on cell phone use while driving would be unenforceable, and despite comments from the town police chief that a ban would be tough to enforce, the we-know-what’s-best-for-you Chapel Hill town council voted 6 to 2 to move ahead with an ordinance that would ban cell phone use while driving on town streets. Next stop: a public hearing in early 2012.
Town Attorney Ralph Karpinos said he believes the ordinance is defensible and could be enacted, despite an opinion from the state attorney general’s office that the ban could not be enforced.“It is my opinion that an ordinance … regulating motorists’ use of cell phones is pre-empted by State law and, therefore, unenforceable,” wrote Jess Mekeel, assistant attorney general in an advisory letter to the town.
