Toledo plans to sue the state of Ohio to keep cameras on the roads that snap pictures of speeders and red-light violators.
Gov. John Kasich in December signed into law new regulations on red-light and speed-enforcement cameras that Ohio cities contended make them economically impossible to operate. The law, which takes effect March 23, requires a police officer be present at camera locations to witness a violation before a civil citation can be issued.
“We are going to sue,” said City Law Director Adam Loukx. “We have serious doubts as to the constitutionality.”
He said the city will file a suit in Lucas County Common Pleas Court before the law takes effect.
If the court grants the preliminary injunctive relief Toledo plans to request, the city could continue to issue red-light and speed citations from the cameras pending a legal outcome. The city has 44 cameras at 28 sites plus one school zone mobile speed unit.
Also Wednesday, the Ohio Supreme Court said it will not reconsider its decision upholding the way Toledo hears appeals of citations through its traffic-camera program.
The higher court upheld its December decision that the administrative-hearing process does not unconstitutionally usurp the authority of Toledo Municipal Court. To get there, the court reaffirmed its 2008 ruling that cities have home-rule authority to impose civil fines through the camera programs. The decision may prove moot, however, depending on how the city fares in court in its attempt to have the law overturned.
The late Toledo Mayor D. Michael Collins opposed the state’s new camera law and asked the governor to veto the measure rather than sign it in December. After Governor Kasich signed it, Mayor Collins said his administration would consider litigation, alleging that the law is a practical ban on camera programs and an infringement on cities’ police powers under Toledo’s constitutional home-rule authority.
“I think we should move this matter to litigation in 2015,” the late mayor wrote in a December email to Mr. Loukx. “I would suggest that we reach out to other Ohio cities who are directly as well as indirectly impacted. Home rule must be defended, the response of the General Assembly in municipal, county, and public sector institutions is nothing less than compromising to the fiscal sustainability.”
Lt. Jeff Sulewski, commander of Toledo’s police traffic section, testified before a House committee that the regulations would likely mean the end of Toledo’s program.
“From my standpoint, I’m not looking to issue a lot of tickets …,” Lieutenant Sulewski said. “I’m looking to alter that traffic pattern. I want to get people’s attention. I want them to think about their driving, slow down, watch for the red lights.”
Lieutenant Sulewski cited a one-mile stretch of the Anthony Wayne Trail between South Avenue and the Toledo Zoo where speeding was common before stationary speed cameras were placed on both sides of the busy road. A test conducted there before the camera program took effect detected 2,000 speeding violations during a 12-hour period at speeds in excess of 11 mph over the 50 mph limit. Five thousand citations were issued for the rest of the year, far below the pace of the 12-hour test period, after the camera was activated.
Supporters of the cameras have argued that they save lives. Opponents counter they have become cash cows for cities.
“Anybody can sue, but if you look at the trend of Supreme Court home-rule jurisprudence, most notably in yesterday’s oil and gas case, they’ve got a loser,” said state Sen. Bill Seitz (R., Cincinnati), sponsor of the law restricting camera use.
The Supreme Court on Tuesday ruled that local zoning laws cannot be used to override state regulation of oil and natural gas drilling.
Even should Toledo win its case, he said, lawmakers would return to the drawing board to figure out another way to “protect the public’s will to have these programs sharply regulated and restricted.”
“Even if they win, I predict they will ultimately lose,” Mr. Seitz said.
Toledo’s 2015 budget proposal expects $3.2 million in camera citation fines. City Finance Director George Sarantou said $1 million of that is anticipated to come from overdue fines. The 2014 budget had also expected $3.2 million. The city collected slightly more than $2.2 million. The city is owned $21 million in unpaid fines since the camera program began in 2006.
Toledo Councilman Mike Craig said he unsure if the cameras are only about safety.
“Keeping the red light and the speed cameras, on principle, I do not like that,” Mr. Craig said. “It’s kind of hard to justify those solely on the basis of revenue, which is exactly what we are doing. If it was about safety, they would be at every corner.”
Contact Ignazio Messina at: imessina@theblade.com or 419-724-6171 or on Twitter @IgnazioMessina.
First Published February 19, 2015, 5:00 a.m.
