Thu January 23, 2014
Judge rules in favor of motorists in Elmwood Place camera case
Hamilton County Judge Robert Ruehlman has ruled in favor of motorists who are suing Elmwood Place over its automated traffic speed cameras.
The decision, granting summary judgement, came Thursday and 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.
It might be a while
Elmwood Place will likely appeal, meaning the case is not final and motorists will not get their money immediately.
The Village defends the use of the cameras. Police Chief William Peskin told WVXU they help free up village resources to do crime prevention and when the police department has to run radar the criminals know where officers are, just like the traffic does.
There is a proposed state law that, if passed, would outlaw the cameras.
Last summer the Elmwood Place cameras were confiscated, as WVXU reported.
Elmwood Place cameras