September 18, 2012 in News
City of Lake city – once again looking into red light camera’s. American Traffic Solutions (ATS) from Arizona came to City Hall last Monday night to introduce themselves, a company that claims to be the largest red-light camera company in America. It will cost Lake City $4,700 a month per camera.
A question was raised: what if your kid is in the car? Answer: If your kid causes the camera to photograph a violation, the owner receives the violation. If the owner doesn’t want to pay for the violation, he or she will have to turn in their kid.
Question: Can the City get out of the contract? Answer: “Absolutely not.” City Manager Wendell Johnson told the Council, “Our goal is safety.”
To help the city make their decision here are 2 cases of “red light camera’s that have been ruled “unconstitutional”
A Broward County judge has ruled some Red Light Camera Tickets are unconstitutional and has thrown them out. Judge Steven DeLuca, a Broward County Judge just signed an order where he agreed that red light camera’s are unconstitutional.
Prior to the ruling, if two people owned a car together, meaning two names were on the registration, and that car went through a red light camera intersection, the name that appeared first on the registration was the one that would get the ticket.
Judge DeLuca’s ruling says: that by choosing the top name on the registration, it is a clear violation of the equal protection clause of the constitution which deals with treating similarly situated people differently (which in legal terms is a big “no-no”).
Pasco County Judge Anne Wansboro was in agreement and dismissed the case Filippone brought before her stating that use of the cameras ”impermissibly shifts the burden of proof to the Defendant and therefore does not afford due process, and is unconstitutional to the extent due process is not provided.”
But the case is not completely closed. — there has not been a motion to remove them — and some city officials within the county will be appealing Wansboro’s decision: “We do not agree with the decision,” said City Manager Tom O’Neill, who said the city was not notified of any constitutional challenge to its two red light cameras on U.S. 19. “It would be our position that we were not afforded due process and did not have the opportunity to speak.”
City officials in other Florida counties are keeping tabs on the proceedings as it makes it through the appeals process but continue to use their cameras as is.