Two men fined in 2018 for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the program violated the Fines and Forfeitures Clause of the North Carolina Constitution because the local school board received less than the clear proceeds of the civil penalties the city collected. The Court of Appeals in Fearrington v. City of Greenville, 282 N.C. App. 218 (2022) (discussed here), agreed, concluding that the funding framework violated the state constitution. The North Carolina Supreme Court granted discretionary review and, in an opinion issued on May 23, 2024, reversed the court of appeals ruling on the constitutional issue. Fearrington v. City of Greenville, ___ N.C. ___, 900 S.E.2d 851 (2024).
This post will discuss red light camera programs, their relationship to the Fines and Forfeiture Clause, and the Supreme Court’s decision in Fearrington.
