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. Red light camera enforcement programs, generally. Failure to stop at a traffic light when the light is red is an infraction subject to a penalty of not more than $100. G.S. 20-158(b)(2)(a) (setting forth offense), 20-176(a), (b) (setting forth penalty). An infraction is a non-criminal violation of the law punishable by a fine but not punishable by imprisonment. See G.S. 14-3.1(a). Even though infractions are not crimes, they are, in many respects, processed in court like misdemeanors. See G.S. 14-3.1(b), G.S. 15A-1111 – 1118. So, a person who is cited by an officer for violating G.S. 20-158(b)(2)(a) will be summoned to criminal district court. Beginning with the City of Charlotte in 1997, the General Assembly has authorized specified municipalities to handle violations of [...]