Dayton still using red-light cameras
Ohio’s law that went into effect last week restricting red-light and speed-detection camera programs prompted the city of Trotwood to suspend its photo-enforcement program, but the neighboring city of Dayton remains defiant and does not plan to change its program despite the threat of financial penalties.
Dayton officials contend that a preliminary injunction granted to Toledo blocks the new law statewide. The law reduces state funding for cities, towns or villages operating automated red-light or speed cameras by an amount equivalent to the fines collected. Dayton officials argue that the law violates home rule and is unconstitutional.
“The city of Dayton will continue with its photo-enforcement program that has been proven to reduce accidents, save lives and make Dayton’s streets safer,” said Toni Bankston, a city spokeswoman.
The law also prohibits the operation of traffic cameras on interstate highways and requires all appeals of tickets received through camera technology to be heard in court rather than by an administrative officer.
Critics of automated traffic cameras say they are little more than a cash grab to fill government coffers.
The city of Toledo recently won a preliminary injunction in Lucas County Common Pleas Court to prevent enforcement of the new law as the city challenges its constitutionality. Toledo contends that the law violates home rule, and the city expects to raise other
“The city of Dayton will continue with its photo-enforcement program that has been proven to reduce accidents, save lives and make Dayton’s streets safer.”
Toni Bankston, a city spokeswoman
constitutional issues.
Judge Myron Duhart ruled that compliance with the new law would be costly and that there is no harm in maintaining the status quo.
Such injunctions raise questions about their broader applicability, but the typical trend in federal courts and many state courts is that they apply statewide only if a judge specifies that, said Marc Clauson, a professor of law and history at Cedarville University.
“If the judge says it applies to the whole state, it still becomes a legal question that has to be decided later, and it could be used as a precedent regardless, if it happened anywhere else in the state,” Clauson said. “But I think right now, it only applies to Lucas County.”
The Ohio attorney general’s office declined to comment, citing three pending lawsuits.
Trotwood is not waiting for Toledo’s case to be decided in the courts. The city suspended its trafficcamera program pending a decision from the Ohio Supreme Court on the issue, said Trotwood City Manager Quincy Pope Sr.
Pope said the city stands by its homerule power and its right to address the needs of the community, but it does not plan to take legal action.
Trotwood has 12 fixed traffic cameras.