Lawsuit filed against city's red-light camera program

A recently filed lawsuit contends the city's red-light camera ordinance violates vehicle owners' rights.

Lawyer Jack Townsend filed the suit on behalf of five complainants against the city and American Traffic Solutions, which installed and monitors the automated photo traffic enforcement program.

Townsend contends the city and ATS, which is based in Scottsdale, Ariz., violated Florida statutes in February 2008 when the city council adopted an ordinance that cites car owners whose drivers allegedly run red traffic lights or fail to come to a complete stop prior to turning right. The citations are civil infractions rather than criminal.

The cameras are in place at 56th Street and Bullard Parkway and 56th Street and Fowler Avenue, two of the city's busiest intersections. The money collected from the fines from those intersections are divided between ATS and the city.

"The ordinance the city crafted wiggles around the fact that Florida Statute, Chapter 316, says traffic laws must be uniform throughout the state," Townsend said. "Primarily, it's working its way around some pretty straight advice from the state's attorney general."

Mark Connolly, the city's attorney, , said he respectfully disagrees with Townsend's contentions.

"Statute 316.008.1 provides home-rule powers for jurisdictions to pass certain other traffic ordinances to regulate the movement of municipal traffic," he said.

Townsend believes that drivers, not vehicle owners, should be cited and that a police officer needs to be present. And because it is a civil issue it ought to be a code enforcement matter in which prior to being served with fines, violators are given warnings.

Connolly referred to Section 162.21.8 of the Florida statutes in countering Townsend's opinion that the program needs to be under the jurisdiction of code enforcement.

"This section allows municipalities to enforce its ordinances in any means it sees fit," Connolly said.
"This system is legal in several other states," Townsend said. "I don't have my head in the sand and I know eventually it will happen here."

Connolly's response to Townsend's assertion that drivers, not vehicle owners, should be cited in person for red-light violations is that issuing parking tickets to vehicle owners, be it in person or by another means of notification, is legal.

Those cited may contest their cases before a hearing master during what Townsend calls "mock" court sessions in the council's chambers at City Hall.

"It looks like court, it feels like court, but it's not court," Townsend said. "Article 5 of the Florida statutes doesn't allow cities to hold municipal courts."

On the issue of requiring city council's approval in the selection process of hearing officers as Townsend suggests, Connolly said Florida statutes also gives a municipality's city manager the authority to make those decisions.

A person's right to a speedy trial, Townsend said, also is not in place under the system.

"If you appeal a speeding ticket it will be addressed within 180 days," Townsend said. "But in this program there are no rules about that issue."

"As far as the right to a speedy trial, that applies only to criminal issues," Connolly said.

He said the city believes the program provides a positive safety measure.

"A lot less people are running red lights since the program was implemented," Connolly said.

ATS spokesman Josh Weiss said courts across the country have repeatedly ruled in favor of photo enforcement programs.

"We are confident that this lawsuit is without merit and look forward to an expeditious resolution."