First Posted: 3/23/2015
CINCINNATI (AP) — A judge in northwest Ohio has issued a legal red light, blocking a new state law sharply restricting use of traffic camera enforcement from taking effect Monday in Toledo.
Lucas County Judge Dean Mandros on Sunday granted the city’s request for a temporary injunction. Toledo can continue using cameras to cite drivers for speeding or running red lights, pending a ruling on its request for a permanent injunction against what the city called “nonsensical provisions” under the new law.)
On Monday the city of Dayton said it would continue to use traffic cameras for enforcement, based on Mandros’ ruling.
Dayton, along with Columbus, Akron and Springfield, also had filed legal challenges to the new law. The cities say the law, with camera restrictions including requiring a police officer’s presence when photo enforcement is used, would make traffic photo enforcement impractical. Akron was continuing Monday to use speeding cameras.
City spokeswoman Stephanie York said Akron officials believe the Lucas County ruling has statewide impact.
“There is nothing that supports the notion that the state is only enjoined in Toledo,” said York, also assistant law director for Akron. “Until a court comes out with a contrary opinion, we are running our speed cameras in school zones as usual today.”
The other suing cities said they were studying the Lucas County ruling.
In Columbus, George Speaks, director of public safety, said Ohio’s capital city wasn’t using cameras for red-light enforcement on Monday because of the new law, but that the city was reviewing Mandros’ ruling. Springfield’s law director, Jerry Strozdas, said that western Ohio city stopped camera citations as of Monday, and is waiting for the court cases to play out.
Critics say camera enforcement tramples motorists’ rights and is mainly meant to raise revenues. Several courts around the state have ruled against camera use, including with orders to turn them off in the southwest Ohio villages of Elmwood Place and New Miami.
But Toledo won a 4-3 Ohio Supreme Court ruling in December upholding its camera enforcement, after a motorist who got a speeding ticket sued the city. Toledo and other cities say camera use makes streets safer and stretches police resources.
Mandros said the new restrictions passed late last year by state legislators violate Toledo’s “home rule” authority under the Ohio constitution and he said the public’s interest is served by blocking the new camera restrictions.
“Slower-moving traffic and fewer red-light violators results in greater safety for fellow drivers and pedestrians alike,” Mandros wrote. He added that camera enforcement allows the city to “dedicate and direct its limited manpower to other areas.”
A message seeking comment was left Monday for camera legislation sponsor state Sen. Bill Seitz, R-Cincinnati.
