City suing state over red light, speed cameras

The city of Dayton is seeking an injunction against the state of Ohio over the city’s use of automated red light and speed-detection cameras.

In a complaint filed Monday, the city asked a Montgomery County Court of Common Pleas judge to block the state from enforcing House Bill 62.

The complaint says the law is unconstitutional and violates home rule protections.

The law requires cities that use automated traffic cameras to report to the state how much money they receive in fines from their use of the devices. The state law says these jurisdictions will have their local government payment reduced by the same amount of fines collected.

The city said this is the General Assembly’s third unconstitutional attempt to interfere with Ohio cities’ home rule rights related to photo enforcement public safety programs.

The city’s complaint says Dayton projects receiving about $6.6 million in local government funds in 2019, which pay for “crucial” government services.

The funds are especially important this year when the city was struck by multiple tornadoes that led to cleanup and rebuilding costs that could exceed $5.5 million, and the city already had $675,000 in unplanned expenses related to security and safety for the May 25 rally of an out-of-state hate group, the complaint states.

Dayton’s traffic camera program promotes compliance with traffic laws and reduces the costs and potential physical injuries related to motor vehicle crashes, the complaint states. The city says House Bill 62 penalizes cities for engaging in constitutionally protected activities.

A judge in Lucas County approved an injunction sought by Toledo to stop the state from enforcing the new law as the city challenges its constitutionality.

Dayton officials originally said the injunction in that case applied to the entire state. But last week, Lucas County Common Pleas Judge Myron Duhart ruled that the injunction in that case prevented the state from enforcing the contested statutes only against the city of Toledo. Contact this reporter at 937225-0749 or email Cornelius. Frolik@coxinc.com.