Lawyers are racing to put
a stop to red-light traffic cameras.
In the past two weeks,
several hundred drivers from throughout
the state have joined class action suits
filed against Aventura, Miami Gardens,
Juno Beach and Orlando. Jason Weisser,
an attorney leading the latest charge,
says he plans to file a lawsuit against
Pembroke Pines, North Miami, Homestead
and 16 other local governments in the
next two weeks.
“The phone has been
ringing consistently over the last two
weeks,” said Weisser, whose West Palm
Beach-based firm, Schuler, Halvorson and
Weisser has recruited clients through
newspaper advertisements. “They are
violating people’s constitutional rights
(in order) to make a buck.”
On Aug. 17, the Fort
Pierce City Commission gave the initial
OK to put red-light cameras at five
intersections. The intersections have
not been identified. A second public
hearing to officially adopt an ordinance
is expected to go before the commission
during its 6:30 p.m. Sept. 8 meeting.
Since the state
doesn’t support the use of video cameras
to issue uniform traffic citations or
their use on state roads, Fort Pierce
Police Chief Sean Baldwin sought legal
advice from the city attorney on whether
the cameras are legal.
City Attorney Rob
Schwerer said his office would not give
a legal opinion on the validity and the
legality of red-light cameras because
the matter is being litigated.
“That is an issue that
is going to be decided by the courts
ultimately, unless the state Legislature
resolves the issue before it gets
through the trial or appellate levels,”
Schwerer said. “It’s currently being
professed by municipalities that it is
legal to do this under the home rule
powers act, and we would support that
position it is legal under the home rule
powers act unless the court rules
otherwise.”
Meantime, Greg Parks,
a representative with American Traffic
Solutions, the city’s camera system
vendor, said cities continue to move
forward with the program.
“Anything as with
Tallahassee can happen,” Parks said.
“We’ll continue to invest heavily and
major jurisdictions like Hillsborough
County, Orlando and Palm Beach County
are moving forward, so we’re very
confident.”
Critics complain that
red-light cameras violate drivers’ due
process and equal protection rights.
Earlier this year, two separate lawsuits
were filed over their use — one in
Aventura filed in February, and one in
the Tampa suburb of Temple Terrace,
filed in April.
The Aventura case is
scheduled for a summary judgment hearing
on Nov. 10; the other case is in the
beginning stages.
Cities say the cameras
deter drivers from running red lights,
prevent accidents and save lives. The
cameras snap a photo of the car’s
license plate, then owners receive a
citation in the mail.
Pembroke Pines Police
Chief Dan Giustino said before the
city’s camera at Southwest 129th Avenue
and Pines Boulevard went live in April
2008, the city recorded 19 accidents
over a 16 month period. Just nine wrecks
have occurred over the past 16 months.
But lawyers for the
fined drivers argue that governments are
not permitted under state law to
regulate stop lights. They say that
under state law, police officers cite
drivers who run red lights and those
tickets can be contested in county
court. Yet in cities with red light
cameras, no officer witnesses any
infraction and it is the vehicle’s
owner, not the driver, who is cited. In
addition, the owner can only appeal to a
special magistrate, who typically works
for the city.
“It’s like having the
officer who wrote you the ticket rule on
your case,” said attorney Brett Luskin,
who filed the original Aventura suit.
“It’s a flat violation of state law. I
want the judge to declare these things
are invalid.”
The state attorney
general issued an opinion in 2005 that
cities cannot use cameras to issue
traffic citations. Cities sidestep that
by citing car owners with code
violations that do not count against
driving records. Fines generally cost
$125 for first-time offenders.
The state does not
allow red light cameras to be posted on
state property. A bill that would have
permitted it died in the waning hours of
the last legislative session. The bill,
which would have included a $150 fine,
received overwhelming approval in both
chambers. But it died after the Senate
failed to win support for its proposal
to keep a larger portion for state
coffers.
In Pembroke Pines,
Broward’s first city to install such a
camera, city leaders are moving ahead
with plans to erect five more red light
cameras. On Wednesday night, their
camera provider, American Traffic
Solutions, agreed to share the cost of
providing refunds and defending the city
in court.
Still, city attorney
Sam Goren conceded the lawsuits could
have a “persuasive effect.”
In Juno Beach, the
city intends to install cameras by
mid-October at Donald Ross Road and
Ellison Wilson Road, and Donald Ross
Road and U.S. 1.
“We hope to improve
driver behavior in terms of traffic law
compliance and thereby reduce
accidents,” said Police Chief Dennis
Weiner. “It’s not uncommon for people
(to file suits) whether or not they have
a good legal basis.”