Ohio legislators, liberties groups oppose cameras

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CINCINNATI (AP) — Nearly 30 Ohio legislators and two
civil liberties groups are backing a motorist’s challenge to traffic
cameras that’s going before the Ohio Supreme Court.
Among the
lawmakers are Reps. Dale Mallory, D-Cincinnati, and Ron Maag, R-Lebanon,
who are pushing legislation to ban or sharply restrict camera use in
the state. The American Civil Liberties Union of Ohio and the 1851
Center for Constitutional Law filed legal briefs this week urging the
state’s high court to rule in favor of a motorist who said the city of
Toledo usurped the judicial system and violated his constitutional
rights to due process.
The brief filed by the 1851 Center is
joined by 29 state legislators who say traffic enforcement systems, in
which administrative hearings are used to hear appeals by ticketed
motorists, attempt to "circumvent and thwart" the state legislature’s
powers as well as the courts.
"The city of Toledo’s automated
traffic camera ordinance attempts to exact property from Ohio drivers
through administrative hearing officers, without access to an elected
and accountable judge or a judge authorized by the state’s duly elected
and accountable legislators," the legal brief states.
"It makes
sense that legislators would intervene and try to defend their own
constitutional powers," said Andrew Mayle, a Fremont attorney who
represents the driver in the Toledo case.
Other Ohio cities —
including Cleveland, Columbus and Dayton — that use cameras for traffic
enforcement have filed briefs in support of Toledo. The Ohio Municipal
League stated that the case could potentially affect "every Ohioan who
drives or owns a vehicle." Briefs from the cities argue that Ohio law
allows them to administratively handle a variety of matters such as
zoning issues, and that forcing them into courts would be costly and
clog the judiciary. The cities are backed by companies that operate the
traffic cameras for a portion of the revenues.
Supporters say
cameras stretch police resources and make communities safer. Opponents
charge that they violate rights and are meant mainly to raise revenue.
A
Butler County judge last month ordered the village of New Miami to stop
using cameras for speeding enforcement, following a Hamilton County
judge’s order that the Cincinnati area village of Elmwood Place had to
turn off its speeding cameras.
Attorneys for Toledo will have time
to respond to the latest filings, and then the justices likely will
hear oral arguments in the case later this year.
Mallory said
legislation against cameras that passed the House last year is moving
"at a turtle’s pace" in the Senate. Instead of an outright ban, final
legislation likely will allow camera enforcement in school zones and
possible other uses with conditions, he said.
"I would have rather had a complete ban," Mallory said, but he added that he just hopes the
issue is resolved soon.
"Citizens
of Ohio are still being victimized by these cameras," Mallory said.
"Right now, this whole process is unconstitutional and it goes on every
day."
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