The city of Toledo filed suit Thursday against the state of Ohio, contending it is unconstitutional for the legislature to impose financial penalties on home-rule cities that use automated traffic cameras.
The complaint, filed in Lucas County Common Pleas Court, came a week after the Ohio Supreme Court sided with the state against Toledo saying lower court rulings in the matter had infringed on the lawmaking authority of the General Assembly.
Both the Common Pleas Court and Ohio's 6th District Court of Appeals previously found that state lawmakers could not enact laws that financially penalize cities like Toledo that operate the cameras for traffic enforcement.
“The state cannot prohibit or regulate municipalities from utilizing automated traffic cameras, and it cannot directly or indirectly enforce unconstitutional laws by withholding or threatening to withhold local government funds if the unconstitutional laws are not followed,” the complaint asserts.
“We're saying if [the legislature] uses punitive measures in this situation, they'll use it in other situations essentially trying to control Toledo's government from Columbus,” Dale Emch, city law director, said Thursday.
First Published June 28, 2018, 9:06 p.m.