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By Donnabeth Leffler

Cell Phones, Towing, & Teachers

By Donnabeth Leffler Posted August 8, 2012 at 3:35 pm

Back in April I wrote about the Chapel Hill Town Council (CHTC) banning both handheld and hands-free cell phone use by drivers (with limited exceptions).  

The point of my column then was not to root for distracted driving; it was to point out the pointless use of public (staff) time and money in defending this law, when the CHTC had an opinion from the North Carolina Attorney General’s office that it may be unenforceable.  Yes, the opinion said “may”.  It didn’t say “not”.  But with the scales of justice tipped against you and lots of other priorities facing the town, I questioned the decision.  

Turns out both the Attorney General’s office and I were right.  Don’t you just love how I managed to puff myself up there?  Superior Court Judge Orlando Hudson’s reason was in line with the AG’s office opinion: the town can’t enact laws where state law is comprehensive.  So, given that ruling, is this the finale of this folly?  Or should I prepare to stop listening to WCHL in the morning because that Ron Stutts fellow can be awfully distracting.  

In that same ruling Judge Hudson struck down the town’s law regulating towing.  His reasoning there was that it violates the state constitution by regulating trade.  

In Mayor Mark Kleinschmidt’s response (at bottom of this link) to the double loss in court, he spoke of only one: the towing ordinance.  I’m hoping his targeted response indicates his view of the town’s future priorities.

As to the towing regulations, we rarely hear from the businesses that contract with the towing companies.  Clearly the property owners must agree to allow cameras affixed so the towing companies can pounce the minute someone places a toe off property.  Do the property owners get a piece of the fee car owners must pay?  That would explain why they believe it’s in their businesses’ best interests to allow such practices.  I wonder if we polled those who’ve had their car towed from a downtown business if we’d find many of them had eagerly returned to spend money downtown, and more pointedly, to the business from which their car was towed.  Perhaps the business owners who encourage, condone and contract with towing companies are cutting off their proverbial noses?  Unless of course they are making money from the towing.  

Let me know what you think of my many opinions by writing to me at Donnabeth@Chapelboro.com

p.s.  I continue to receive an extraordinary amount of email regarding my previous columns (one and two) on the involuntary transfer of Chapel Hill High School teachers Anne Thompson and Bert Wartski.  Among the correspondents, Mr. Wartski, who has offered to waive his confidentiality rights with regard to the Chapel Hill Carrboro City School Board’s review and subsequent denial of his appeal of the transfer.  So, can we learn the whole story now?  

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