Superior Court Judge Orlando Hudson passed an injunction Tuesday morning to block Chapel Hill’s cell phone and towing ordinances.
The cell phone ban, which prohibits both handheld and hands-free cell phones while driving and is the first of its kind in the country, was scheduled to go into effect June 1.
George King, owner of George King Towing Service, is suing the town to repeal the ordinances. Thomas Stark, King’s attorney, said both ordinances were unconstitutional under North Carolina law.
“The effect of the towing ordinance is to put [King’s] business in peril,” Stark said.
Stark said the cell phone ban makes it impossible for King to uphold the towing ordinance, which requires him to be able to answer his cell phone while he is working.
Town Attorney Ralph Karpinos said the cell phone ban did not cause enough immediate harm to King for a preliminary injunction, since it has not yet gone into effect.
He said Chapel Hill Town Council is willing to amend the towing ordinance so it does not conflict with the cell phone ban.
