City’s red-light camera program was lawful after all, North Carolina justices say

RALEIGH, N.C. (AP) — A pair of North Carolina local governments didn’t skirt state laws by creating a red-light camera enforcement system where nearly a fourth of collected penalties failed to remain within the area school district, the state Supreme Court ruled Thursday.

The 5-1 decision reverses a March 2022 Court of Appeals opinion that declared the city of Greenville’s program unconstitutional.

Although the city council discontinued the program months later, the cost-sharing arrangement between the city and the Pitt County Board of Education was also upheld by the state’s highest court. That could provide a pathway for other municipalities who want a red-light program but can’t make it work financially.

A provision within the state constitution says the “clear proceeds” of all fines collected for such violations must be “used exclusively for maintaining free public schools.” The General Assembly and courts have said a county school system must receive at least 90% of the total penalties and fines collected to meet the definition of ”clear proceeds.”

Roughly 20 North Carolina towns and cities have been authorized by the legislature to operate traffic-control photograph programs. Greenville contracted in 2017 with an Arizona company to install and operate the red-light cameras. Motorists photographed driving through red lights received citations and faced a $100 penalty.

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