Chapel Hill’s ban on cell phone use while driving was supposed to take effect in just a few days, but now the town council is delaying it until October 1. Could it be the council is worried that, ultimately, this won’t hold up in court?
The ordinance was to go into effect June 24, but the council voted 7-1 to delay its effective date to give the state Supreme Court time to consider whether to grant George’s Towing and Recovery a discretionary review of an unfavorable ruling against the company by the state Court of Appeals.
“I personally believe it’s unwise to tinker with this until we get some finality,” said Mayor Mark Kleinschmidt.
A three-judge Court of Appeals panel didn’t rule on the merit of the town’s ordinance last month. It instead said Superior Court Judge Orlando Hudson’s earlier ruling against the town was premature because no one had been charged with a violation when the towing company claimed the ban would do irreparable harm to its business if enforced.
Here’s what the town’s ban applies to, if and when it is enforced:
Chapel Hill’s cell phone ban applies to all streets in the town limits, including state-owned roads. Drivers may make emergency calls and calls to a spouse, parent or child. The penalty is a $25 fine, but a driver has to be stopped first for another traffic violation, such as speeding.
