red light cameras

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Fearrington v. City of Greenville:  North Carolina Supreme Court Reverses Court of Appeals and Upholds City’s Red Light Camera Enforcement Program as Constitutional

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.

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News Roundup

Raleigh is ending its red-light camera program after two decades of operation. The News and Observer has the story here. Red-light camera programs across North Carolina have steadily folded following court rulings that their funding model (in which the camera vendor is paid more than 10 percent of the net proceeds of fines) runs afoul of the fines and forfeiture clause of the state constitution.

Of course, the city still wants people to stop at red lights. Last year, it installed reflective backplates, a border on traffic signals to make them stand out, at red-light-camera-intersection signals.

Keep reading for more local, national, and international criminal and court-related news.

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Greenville’s Red Light Camera Program Ruled Unconstitutional

Author’s Note:  The opinion discussed below was reversed in relevant part by Fearrington v. City of Greenville, ___ N.C. ___, 900 S.E.2d 851 (2024). 

Two men cited in separate instances for failing to stop at red light camera locations in Greenville, NC filed declaratory judgment actions arguing that the city’s red light camera enforcement program violated the state constitution. Among other claims, the men argued that the program violated the Fines and Forfeitures Clause contained in Article IX, Section 7 of the North Carolina Constitution because the local school board received less than the clear proceeds of the civil penalties the city collected for violations. The Court of Appeals in Fearrington v. City of Greenville, 2022 NCCOA 158, __ N.C. App. __ (2022), agreed, holding that the funding framework violated the state constitution.

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