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The Daily Tar Heel

Chapel Hill cellphone ban overturned

On Aug. 2, Superior Court Judge Orlando Hudson overturned Chapel Hill’s ban on cellphone use while driving.

He ruled the ban was unenforceable.

The Chapel Hill Town Council passed the ban in a 5-4 decision in March, making it the first town in the country to ban the use of both handheld and hands-free devices while driving.

The ban — initially set to go into effect June 1 —made cellphone use a secondary offense, meaning a driver would have to be stopped for another violation in order to be fined.

The ban was unpopular among many residents, who questioned its enforceability.

Others argued the council had overstepped its authority with the ban.

But Hudson’s decision was met with disappointment among some council members and students, who think the ban is necessary for public safety.

“The judge thought Chapel Hill didn’t have the authority to enforce that issue,” said Councilwoman Penny Rich, who championed the ban. “It doesn’t change the fact that talking on the phone and driving is really dangerous.”

Other council members were not surprised by Hudson’s decision.

“I didn’t want the ban. I’m not surprised he ruled against (it),” said Councilwoman Laurin Easthom.

The council will hold a special meeting Wednesday to discuss the ban and a towing ordinance also overturned.

But Rich said she thinks the cellphone ban will ultimately be settled by the state, which bans cellphone use for drivers under 18 years old.

Contact the desk editor at city@dailytarheel.com.

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