Missouri: Judge Finds Red Light Camera Program Illegal

The Newspaper
by The Newspaper

A circuit court judge in St. Louis, Missouri on Friday ruled the city’s use of automated ticketing machines violated state law. Since 2007, St. Louis gave the private company American Traffic Solutions (ATS) the right to issue tickets worth more than $30 million to the registered owners of vehicles that are photographed at local intersections. A class action suit by several motorists challenged the program on various legal and constitutional grounds.

Circuit Judge Mark H. Neill rejected most arguments claiming the program violated due process rights, although he left open the possibility that the city failed to notify ticket recipients of their right to a hearing. The plaintiffs came much closer to success when arguing that the local ordinance violated a state law requiring all moving violations be reported to the state Department of Revenue so that license points could be imposed.

“Although the ordinance is not in direct conflict with the specific statutes cited by plaintiffs, the ordinance may still be invalid if the city did not have the proper authority to enact such an ordinance,” Judge Neill ruled. “Municipalities may not enact ordinances which are contrary to or conflict with state law… The use of an automated traffic control system to police traffic offenses is a drastic departure from the traditional police powers granted to municipalities; and as seen here, it raises a whole host of legal and constitutional issues. A municipality may only exercise its police powers under authority granted to it by the state.”

That grant has never been given Missouri. The state legislature has declined on several occasions to enact any law granting legal recognition to the use of cameras, despite a heavy lobbying effort by ATS lobbyists.

“Because the red light camera ordinance does not enact ‘rules of the road’ or ‘traffic regulations,’ the court finds, in absence of enabling legislation by the state of Missouri, that the city of St. Louis did not have authority to enact such an ordinance. Therefore, Ordinance Number 66868 is void,” Judge Neill concluded.

A close reading of the March 2010 state supreme court decision striking down Springfield’s red light camera hearing process indicated the court would look favorably on Judge Neill’s reasoning. The high court noted that Springfield had shortened the yellow timing at several intersections just prior to installing the cameras ( view opinion). Oddly enough, the main law firm retained by ATS, Stinson Morrison Hecker, agreed with Judge Neill in a 2005 memo that stated red light camera tickets in Missouri would not hold up in a court of law ( view full letter).

A copy of the decision is available in a 1.3mb PDF file at the source link below.

Smith v. St. Louis (Missouri Circuit Court, 5/20/2011)

[Courtesy: Thenewspaper.com]

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  • Jimal Jimal on May 25, 2011

    I don't want to get too far off topic here (and I'm trying not to be so argumentative on the Interwebs) so I will mention that 1) The term "tea bagger" to describe a member of the Tea Party movement was actually coined by a Tea Party member. Unfortunately and indicative of how naive the early Tea Party followers were. The Tea Party movement in many ways reminds me of the Hippy movement of the late 60's; lots of noise, lots of attention and probably some interesting History Channel programs in the future, but ultimately a footnote on one election cycle.

    • See 2 previous
    • Stevelovescars Stevelovescars on May 25, 2011

      @MikeAR http://theweek.com/article/index/202620/the-evolution-of-the-word-tea-bagger It took me less than 2 seconds to find multiple locations with similar information about the recent evolution of the term "Tea Bagger." In summary, early Tea Party protests included the mailing of tea bags to members of congress and other organizations. Protest signs at Tea Party gatherings started using phrases like "Tea Bag the idiots in DC." Then the jokes started... yada yada yada.

  • Robbkcmo Robbkcmo on Jun 23, 2011

    Here's my problem with red-light cameras: they assume the owner of the car is driving. In my case, I do not own the car I drive, it is registered by a family member. And, she isn't a licensed driver anymore, in any state. You don't have to be a licensed driver to own a car, just to operate one. The car is insured by me, in my name, but it registered by her. So, not only could my use cause a violation of a red light, but she could also be charged with operating a motor vehicle without a license. That's a major problem, even if it only affects 1000 people. No one should be charged for the illegal operation of another of a vehicle they own. And before I hear the comments of "well she should just allow you to register it in your name," she won't do that, and neither will any of my family for medical reasons. I'm qualified to drive, but not to own a vehicle - and there are roughly 9% of drivers who either are or should be in the same situation.

  • Dave Holzman A design award for the Prius?!!! Yes, the Prius is a great looking car, but the visibility is terrible from what I've read, notably Consumer Reports. Bad visibility is a dangerous, and very annoying design flaw.
  • Wjtinfwb I've owned multiple Mustang's, none perfect, all an absolute riot. My '85 GT with a big Holley 4 barrel and factory tube header manifolds was a screaming deal in its day and loved to rev. I replaced it with an '88 5.0 Convertible and added a Supercharger. Speed for days, handling... present. Brakes, ummm. But I couldn't kill it and it embarrassed a lot of much more expensive machinery. A '13 Boss 302 in Gotta Have It Green was a subtle as a sledgehammer, open up the exhaust cut outs and every day was Days of Thunder. I miss them all. They've gotten too expensive and too plush, I think, wish they'd go back to a LX version, ditch all the digital crap, cloth interior and just the Handling package as an add on. Keep it under 40k and give todays kids an alternative to a Civic or WRX.
  • Jpolicke In a communist dictatorship, there isn't much export activity that the government isn't aware of. That being the case, if the PRC wanted to, they could cut the flow of fentanyl down to a trickle. Since that isn't happening, I therefore assume Xi Jinping doesn't want it cut. China needs to feel the consequences for knowingly poisoning other countries' citizens.
  • El scotto Oh, ye nattering nabobs of negativism! Think of countries like restaurants. Our neighbors to the north and south are almost as good and the service is fantastic. They're awfully close to being as good as the US. Oh the Europeans are interesting and quaint but you really only go there a few times a year. Gents, the US is simply the hottest restaurant in town. Have to stand in line to get in? Of course. Can you hand out bribes to get in quicker? Of course. Suppliers and employees? Only the best on a constant basis.Did I mention there is a dress code? We strictly enforce it. Don't like it? Suck it.
  • 1995 SC At least you can still get one. There isn't much for Ford folks to be happy about nowadays, but the existence of the Mustang and the fact that the lessons from back in the 90s when Ford tried to kill it and replace it with the then flavor of the day seem to have been learned (the only lessons they seem to remember) are a win not only for Ford folks but for car people in general. One day my Super Coupe will pop its headgaskets (I know it will...I read it on the Internet). I hope I will still be physically up to dropping the supercharged Terminator Cobra motor into it. in all seriousness, The Mustang is a.win for car guys.
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