TO: Mayor and Members of City Council
THRU: N/A
FROM: Lachelle H. Pulliam, City Attorney
DATE: March 13, 2025
RE:
Title
Feasibility of SafeLight (Red-Light Camera) Program Re-implementation
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal I - The City of Fayetteville will be a safe and secure community.
Executive Summary:
Through a consensus vote at its January 6, 2025 Work Session, the City Council directed staff to determine the feasibility of re-implementing the SafeLight Program, commonly referred to as the red-light camera program. In doing so, Public Services and the City Attorney’s Office conducted research and identified peer cities that shared past and ongoing legal challenges with their respective programs. Therefore, it is recommended that the City wait until all associated litigation is resolved before continuing to determine the feasibility of re-implementing the program.
Background:
N.C. Gen. Stat. § 160A-300.1 authorizes cities to adopt ordinances for the civil enforcement of violation of traffic laws through a traffic control photographic system. The constitutionality of this law has been challenged in at least two cases of note, Fearrington v. Greenville, (No.89PA22), and Evans v. Wilmington. In the Greenville case, the NC Supreme Court examined whether the plaintiffs had taxpayer standing to challenge a city's red-light camera program, and whether the framework used to fund that camera program violates Article IX, sec. 7 of North Carolina's Constitution. The Court determined that the funding framework did not violate the NC Constitution.
In November 2022, the City of Fayetteville was sued for operation of its program but the Plaintiff voluntarily dismissed its claims against the City after the Supreme Court’s decision in the Greenville case. Fayetteville ended its program while the litigation was pending.
The Wilmington case is still pending and is being challenged because the North Carolina Constitution provides, "the General Assembly shall not enact any local, private, or special act or resolution: (a) relating to health, sanitation, and the abatement of nuisances.
Issues/Analysis:
In the Fearrington v. Greenville case, the Supreme Court found that the enabling legislation (law that permitted the red-light camera program) is constitutional, and Greenville may resume its program. However, Greenville has elected not to re-implement its program. Wilmington maintains its program, the only one in the state, but the constitutional questions in the Evans v. Wilmington case have not been decided.
If the City of Fayetteville re-implements its program now, the City could be required to later dismantle and discontinue the program following an unfavorable decision in the Wilmington case. Further, the City exposes itself to legal action and will be required to expend funds to defend any claim brought against it that challenges the underlying law that authorizes the program.
Budget Impact:
N/A
Options:
1. Continue to determine the feasibility of re-implementing the SafeLight Program.
2. Wait until all associated litigation is resolved before continuing to determine the feasibility of re-implementing the Safelight Program.
Recommended Action:
Wait until all associated litigation is resolved before continuing to determine the feasibility of re-implementing the Safelight Program.
Attachments:
None