#Law

The long battle over the red light camera program in Houston, Texas ended Wednesday. The city council voted 14-1 to repeal the ordinance that granted American Traffic Solutions (ATS) the right to issue automated tickets at fifty intersections throughout the country’s fourth largest city.

“This is a total victory for the voters of Houston,” Citizens Against Red Light Cameras spokesman Philip Owens told TheNewspaper. “The only shame is it took too long to get where we are. Today was more of an exercise in political theater but a win is a win.”

Confiscating automobiles has become a significant source of revenue for cash-strapped California cities. Last Tuesday, the state legislature gave preliminary approval to legislation to impose limits on the practice.

Under current law, municipalities run sobriety checkpoints funded almost entirely by $30 million in federal grant money. The drunk-driving (DUI) roadblocks catch comparatively few drunk drivers, so officers often focus on issuing as many tickets as possible for minor violations while cars are stopped. Assembly Bill 353 separates vehicle inspection checkpoints from DUI roadblocks and prohibits impounding of vehicles unless the alleged offense meets certain criteria.

The California legislature last week sent legislation to Governor Jerry Brown (D) designed to boost the number of citations issued for for driving while talking with a cell phone in hand. The measure also increases the maximum possible fine to $528.

The city council in Tampa, Florida this month began deciding how it would spend revenue from the red light camera program expected to go online next month. Officials calculated that the automated ticketing machines would bring in an extra $2 million a year, an important amount for a city facing a $34.5 million budget deficit.

Police Chief Jane Castor had proposed to the city in March that it sign a contract with American Traffic Solutions. Castor and members of her department personally profit from any ticketing system linked to an increase in automobile insurance rates. This is so because the state imposes a tax on car insurance that is deposited as a “state contribution” in each municipality’s police pension fund. Based on city figures, the 0.85 percent tax pumped an extra $8,158,217 into Tampa police pensions from a total of $1 billion in added insurance costs paid by Tampa drivers between 1999, when the current system was imposed, and 2009.

The Detroit News’s David Shepardson reports that GM has requested the dismissal of a lawsuit alleging rear-suspension problems on 2007-8 model-year Impalas, on the grounds that

“New GM did not assume liability for old GM’s design choices, conduct or alleged breaches of liability under the warranty, and its terms expressly preclude money damages,” the response says.

The suit “is trying to saddle new GM with the alleged liability and conduct of old GM.”

A Whatcom County, Washington Superior Court Judge yesterday threw the book at a photo enforcement firm for interfering with the right of the public to petition their government. Judge Ira Uhrig handed down from the bench a stinging rebuke to American Traffic Solutions (ATS). Uhrig found the firm’s lawsuit to block an anti-traffic camera initiative from reaching the ballot in Bellingham violated state law, so he slapped the Arizona-based firm with a $10,000 fine and ordered it to pay the legal fees of the initiative’s sponsors.

“This was the greatest repudiation of ATS by a judge I could ever imagine happening,” initiative co-sponsor Tim Eyman told TheNewspaper. “It was huge. I’ve never seen anything like it.”

A University of Chicago Law School professor is challenging the prevailing wisdom regarding the sorts of transportation privatization deals that have grown increasingly popular. The Minnesota Law Review last month published a critique by Julie A. Roin that argued such deals have more in common with the medieval practice of tax farming than true privatization. She cited as a primary example Chicago, Illinois Mayor Richard M. Daley’s 2008, lease of the city’s parking meters to Morgan Stanley for 75 years in return for an up-front payment of $1.2 billion.

"The agreement exchanges future public revenues for present public funds, just like debt," Roin explained. "And just like many debt arrangements, the parking meter deal will leave future ratepayers decidedly worse off… Future ratepayers will be doubly disfavored relative to current residents: they will have to pay higher taxes to maintain the same level of services, even as their disposable income is reduced by the extra parking fees mandated by the agreement."

Police in Texas have the right to stop motorists if a license plate recognition camera system suspects the vehicle’s owner lacks automobile insurance. In an unpublished ruling last Wednesday, a three-judge panel of the Texas Court of Appeals refused the attempt by Kenneth Ray Short to have a March 2010 traffic stop declared illegal.

Another twist in the red light camera saga in Houston, Texas could leave photo enforcement vendor American Traffic Solutions (ATS) out in the cold. Later today US District Court Judge Lynn N. Hughes is expected to decide whether to grant ATS a restraining order that would prevent America’s fourth largest city from deactivating its automated ticketing machines. Voters in November enacted a charter amendment prohibiting camera use, but Hughes personally decided to overturn their ballot choice saying the voters just “want to run red lights.”

That ruling has not gone over well with the public, and Mayor Annise Parker has been feeling the heat from members of the public and the city council. Late last week Parker reversed course and scheduled a vote this Wednesday that will allow the council decide how to proceed on the issue. The sudden shift left ATS furious.

Drivers have no recourse if police say the tape from a dashboard-mounted video camera is not available, according to a ruling Wednesday from the Texas Court of Appeals. Mark Lee Martin wanted to defend himself against drug possession charges filed in the wake of an August 29, 2008 traffic stop, but he was told no video was available.

Travis County Sheriff’s Deputy Darren Jennings claimed that he pulled over Martin that evening because he failed to signal a left-hand turn. Within less than two weeks after the incident, Martin’s attorney formally requested that the department preserve video evidence from the stop. Subpoenas were issued to ensure “all videos and dispatch calls” would be saved. At trial, Jennings was asked why the camera evidence had not been kept.

“Since I didn’t put it in my report it wasn’t preserved because I didn’t believe it had any type of evidential value,” Jennings told the court.

The Tennessee General Assembly is free to impose limitations on the use of automated ticketing machines, according to an opinion issued Monday by Attorney General Robert E. Cooper Jr. Cities and photo enforcement companies had complained that the legislature had “impaired contracts” when it enacted a law in July prohibiting the issuance of photo tickets to drivers making slow right turns on red. Right-turn citations have become the primary moneymaker for red light camera systems nationwide.

In the past five years, five Ohio cities have voted to ban photo enforcement, and two more might be added to the list. The Cuyahoga County Board Of Elections is now counting signatures from residents in South Euclid and East Cleveland who are determined to prohibit automated ticketing in November. On August 3, organizers in East Cleveland handed in 1624 signatures, well more than the 358 needed to qualify in the city of 18,000. South Euclid activists turned in 1076 signatures on July 25.

The auditor general for New South Wales, Australia last month issued a report on speed camera use in the state. The Liberal Party government had ordered the review after it took power at the end of March. Following the results, thirty-eight camera locations have been taken offline.

As with the like-minded Conservative Party in the UK, NSW Liberals did not set out not to end the use of photo enforcement which generated 371,015 tickets worth $58,117,038 last year. Instead, the party’s leaders are taking steps reduce the number of cameras and reverse the ruling Labor Party policies that kept safety, operational and revenue data for individual cameras a closely guarded secret. No effort had been made to evaluate the program since 2005.

Photo enforcement vendor American Traffic Solutions (ATS) could find itself in trouble for lying before the Washington Supreme Court about its involvement in attempts to overturn a ballot initiative in Mukilteo last year. The Everett Herald newspaper obtained emails from former ATS Vice President Bill Kroske that show he attempted to collude with the city’s mayor to deny the public an opportunity to vote on banning red light cameras and speed cameras.

Companies that operate red light cameras and speed cameras are facing increasing opposition across the country. In response, the firms have adopted a strategy of suing cities that have second thoughts about continuing to use cameras in their community. They have also been going after their own customers to collect as much revenue as possible.

On December 1, Redflex filed suit against Tempe, Arizona in Maricopa county Superior Court claiming the city owed $1.3 million in per-ticket fees for each driver mailed a photo ticket who decided to go to traffic school. The city claims it only collected $1.8 million in revenue from the program, mostly because last year’s payment rate was just 31 percent. Drivers realize in increasing numbers that tickets in the state can be ignored unless they are properly served.