Wed June 4, 2014
Allen targets West Carrollton and Trotwood cameras
Cincinnati attorney Mike Allen, who first went after speed cameras in Elmwood Place, in now filing suit against the cities of West Carrollton and Trotwood, Ohio, on behalf of his clients.
The complaints alleges among other things:
"The Automated Red Light and Speeding system is invalid and unenforceable because it fails to provide adequate due process to vehicle owners as guaranteed by the Ohio Constitution."
The allegations in these cases are similar to ones filed against the City of Dayton in March and pending before Judge Michael Krumholtz.
It could be the end of the year before motorists will see relief from Elmwood Place
Back in January Hamilton County Judge Robert Ruehlman ruled in favor of motorists who are suing Elmwood Place over its automated traffic speed cameras.
The decision granted summary judgement. Here are some of the highlights.
- The Elmwood Place ordinance allowing the cameras did not include the times when and the places where it was posted or if it was posted for 15 days before it took effect.
- The ordinance is invalid because it improperly strips the Hamilton County Municipal Court of the authority to adjudicate violations of the ordinance.
- Plaintiffs are entitled to equitable restitution of all amounts paid to Elmwood Place.
- Plaintiff Class would be entitled to equitable restitution in the amount of $1.7 million plus any additional amounts the company that owns the cameras, Optotraffic, charged as convenience fees for online payments.
Elmwood Place started the Automated Speed Enforcement Program on September 1, 2012. Since then, court documents show, the village issued thousands of tickets. The fine for speeding is $105 and there's a $25 fee if you request an administrative hearing. Over a six month period, Elmwood Place is capable of collecting more than $2 million.
Allen also filed a traffic camera suit against the Village of New Miami on behalf of clients.
Elmwood Place cameras