With the state legislature’s decision to financially penalize cities that use traffic-enforcement cameras, the city of Toledo is asking the court system to intervene.
The city filed a motion Wednesday in Lucas County Common Pleas Court asking Judge Dean Mandros to issue an order prohibiting the state from enforcing new restrictions on red-light and speed-violation cameras, which remain in operation in Toledo.
Judge Mandros ruled April 27 that the provision in a state budget law unconstitutionally violates cities’ home-rule powers. Among other things, it requires a police officer’s presence at all times a traffic camera is in use.
The $71.2 billion, two-year budget that was approved by the Ohio General Assembly and signed by Gov. John Kasich requires cities disregarding the camera law to report their gross fines billed from the cameras and directs the auditor to deduct that amount from such cities’ state funding for local governments.
City Law Director Adam Loukx said the state legislature appeared to be retaliating against cities like Toledo that successfully challenged the camera restrictions’ constitutionality. Similar legal challenges were successful in Summit and Montgomery counties but are under appeal.
“In the face of three court orders finding the provisions unconstitutional and two enjoining enforcement, the General Assembly has specifically enacted penalties to enforce the unconstitutional provisions,” the motion states.
“The General Assembly’s disregard of this and other court’s orders is hubris bordering on contempt,” Mr. Loukx wrote in the motion. “More importantly, as a matter of law, the General Assembly’s actions are unlawful and should be enjoined.”
Mr. Loukx said Friday that city leaders believe the common pleas court has jurisdiction to enforce its own order.
“Three courts have all said the state was out of line,” he said. “We’re optimistic that the state’s actions will not stand, and we will be allowed to continue to protect public safety and exercise our home rule.”
Attorney General Mike DeWine’s spokesman Dan Tierney did not immediately respond to a request for comment.
The state has 14 days to file a response to the city’s motion, at which time the court could set a hearing or issue an order based on the filings.
Dayton is continuing to operate its traffic cameras, but decided not to risk the financial penalties by complying with the new restrictions while it awaits a final ruling.
Contact Jennifer Feehan at: jfeehan@theblade.com or 419-213-2134.
First Published July 11, 2015, 4:00 a.m.
