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Constitutional — Red Light Camera Program – Local Laws – ‘Relating to Health’ – Funding Statute

After being assessed a civil penalty for running a red light in Greenville, plaintiff brought a challenge under our state constitution’s prohibition against “local” laws “relating to health…” N.C. Const. art. II, § 24(1)(a). However, plaintiff’s challenge was brought, not against the statute authorizing Greenville to institute a red-light camera program, but instead against a law permitting Greenville to enter into a contract to lease or buy a red-light camera system. Since the challenged statute has, at most, an incidental connection to health, it is not sufficiently related to health to violate the constitution’s local laws prohibition.

We affirm the three-judge panel’s determination that the challenged statute is not unconstitutional.

Vaitovas v. City of Greenville (Lawyers Weekly No. 011-063-22, 11 pp.) (Richard Dietz, J.) Appealed from Wake County Superior Court (Richard Gottlieb, William Coward & Imelda Pate, JJ.) Daniel Gibson and Paul Stam for plaintiff; Robert King, Jill Wilson, Elizabeth Troutman and Ryan Park for defendants. 2022-NCCOA-169


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