Town officials received a Durham judge’s order today rejecting Chapel Hill's towing and cell phone ordinances. (To read the order, scroll to the bottom of this post and clock on document.)
Mayor Mark Kleinschmidt said mid-morning that he had not yet read the order, but the Town Council could decide Monday whether to hold a special session to consider an appeal. The town has until Sept. 7 to file with the Court of Appeals.
“We don’t have a towing ordinance right now, and to me, that’s a problem,” Kleinschmidt said.
Durham Judge Orlando Hudson ruled Aug. 2 that the Legislature’s regulation of cell phone use while driving pre-empts Chapel Hill’s cell phone use ban.
Hudson also ruled that the town’s towing ordinance constitutes “regulating trade,” which is unconstitutional under state law.
“Plaintiff's rights will be violated by the enforcement of the Defendant's towing and cell phone ordinances,” the judge wrote.