St. Cloud Times

How towns use police stops to balance budgets

- Matthew Prensky and Rob Johnson Opinion contributo­rs

Towns across America are once again relying on an old scheme to generate revenue: Turn their police forces into collection agencies to squeeze money out of the citizens they are sworn to protect.

From Texas to Ohio, municipali­ties are using law enforcemen­t to counteract declining tax bases through the aggressive enforcemen­t of fineable offenses such as speeding. A 2019 report estimated that nearly 600 jurisdicti­ons nationwide generate at least 10% of their general fund revenue through fines and forfeiture­s.

Speed traps are not new, of course. In 1975, for example, The New York Times reported on an especially lucrative ticket-writing campaign in Fruithurst, Alabama. Yet, the current initiative­s erode community trust, harm public safety and violate Americans’ constituti­onal rights. And the scale, of both the number of tickets written and the amount of money collected, is astounding.

In Peninsula, Ohio, police used handheld speed cameras to issue 8,900 speeding tickets in only five months this year, generating at least $1.3 million in fines. That’s more than 16 tickets per resident in the community of 536 people.

The village, with an annual budget of about $1 million, collected $ 400,000 in fines. The private company that supplies the cameras, Targeting and Solutions Ltd., received more than $ 250,000 in fines issued to motorists.

Worse, Peninsula requires individual­s to pay a $100 fee to contest a citation in municipal court. Those who can’t afford the fee are stripped of their constituti­onal right to due process. Even those who can afford the fee risk nearly doubling the cost of their ticket if the fine is upheld. Even if you believe you’re innocent, the rational thing to do is just to pay.

Last week, a judge ordered the village to suspend the fee.

Other municipali­ties have enacted their own policing- for- profit programs. In Brookside, Alabama, the town of about 1,200 residents saw its revenue increase more than 640% in only two years, according to AL. com, after police began an aggressive traffic stop and ticket-writing campaign. Fines and forfeiture­s made up almost half of the town’s budget.

Police wrote 5,000 tickets in town of 250

In Texas, Coffee City, with a population of about 250 people, hired 50 full- time and reserve police officers, who wrote more than 5,000 citations last year. The town collected more than $1 million in fines.

Courts have recognized that generating more than 10% of revenue from fines and fees raises serious constituti­onal concerns. Peninsula generated four times that percentage, Brookside five times, Coffee City six times.

Moreover, these programs often violate other constituti­onal rights like protection­s against unreasonab­le searches and seizures, or the prohibitio­n against the issuance of excessive fines.

Beyond these constituti­onal problems, a 2019 study performed by the Institute for Justice showed that a heavy reliance on fines or fees can reduce a community’s trust and cooperatio­n with its police department. An unrelated 2018 study found cities that rely on fines solve violent and property crimes at significan­tly lower rates.

Treating citizens like a piggy bank

No government should be allowed to treat citizens like ATMs. The Constituti­on is meant to safeguard the American people from government abuses like this. The Institute for Justice has sued dozens of local government­s for infringing on citizens’ rights by collecting unreasonab­le fees through procedures that violate individual­s’ rights to due process. In Peninsula, the institute warned village officials that they needed to bring their speed enforcemen­t program into compliance with the Constituti­on or face a lawsuit.

These revenue- generating initiative­s are a nuisance to communitie­s across America. They abuse people’s civil liberties, destroy community trust and harm public safety. Luckily, the liberties enshrined in the Constituti­on can help Americans stand up to towns like Peninsula and force them to stop treating citizens like walking piggy banks.

Rex Huppke Columnist

USA TODAY

Matthew Prensky is a writer and Rob Johnson is a senior attorney at the Institute for Justice.

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