NC Supreme Court to decide on Chapel Hill towing and cell phone ordinance

CHAPEL HILL -- It's one of the most frustrating experiences for drivers, when you park your car only to come back to find out that it's been towed.

Officials with the Town of Chapel Hill say complaints from the public about predatory towing practices prompted them to update existing towing ordinances that have been in place for a decade.

"In situations where one party is not equally balanced in the transaction, we have the authority to require reasonableness," said Matthew Sullivan, legal advisor for the Town of Chapel Hill.

The changes require tow zones to be adequately marked with signage, preventing vehicles from being towed farther than 15 miles outside of town limits. Town officials also revised the ordinance to set a cap for towing fees from private lots and required tow operators call police when towing a car away.

However, George King, owner of George's Towing, is taking a stand against that ordinance along with another ordinance: the ban of cell phone usage while driving.

We're responding to the changing landscape of technology. We felt that we needed these additional ordinances to protect our community and the tow operators, said Sullivan.

Towing is a mobile business. The towing operator does all his business from a cell phone, said Tom Stark, defense attorney for George King.

King and his defense attorney argue these ordinances give the town the power to regulate how tow truck companies operate despite concerns that towing fees are too high.

The case went before Superior Court, then the Court of Appeals and now it's in the hands of the state Supreme Court.

On Monday arguments from both sides were heard before a panel of seven judges. It's up to them to decide if the ordinances will stand.

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NC Supreme Court to decide on Chapel Hill towing and cell phone ordinance