Judge slams brakes on speed trap cop-cam 'scam'

A judge on Thursday ordered a halt to a speeding ticket blitz in a village that installed traffic cameras, saying it's "a scam" against motorists.
Associated Press
Mar 7, 2013

Hamilton County Common Pleas Judge Robert Ruehlman blasted the cameras and the thousands of $105 citations that resulted. He ruled that they violate motorists' constitutional rights to due process and said the village's enforcement was stacked against drivers.

"Elmwood Place is engaged in nothing more than a high-tech game of 3-Card Monty," Ruehlman wrote, referring to a card game used by con artists. "It is a scam that motorists can't win."

The village began using the cameras in September, resulting in some 6,600 speeding citations in the first month, triple the number of village residents. Revenues that are shared with the company that operates the cameras quickly topped $1 million.

Such cameras are used in municipalities around the country, and have been upheld in other courts.

But business owners and motorists charged in their lawsuit here against the village that the cameras were hurting Elmwood Place's image and businesses, and said they were put into use without following Ohio law for public notice on new ordinances. They also said it's unconstitutionally difficult to challenge the citations, and Ruehlman agreed in granting a permanent injunction against enforcement of the village ordinance that created an "automated speed enforcement program."

Village Police Chief William Peskin said Elmwood Place will appeal the ruling. But in the meantime, it is halting use of the cameras.

"We will shut 'em off," he said. "It's a minor setback. We will be back in appeals court."

Police say up to 18,000 vehicles a day drive through the village, which links some big employers with Interstate 75. Peskin said there were four cameras total, although only two were in use at a time. One was at village limits where speed drops from 35 mph to 25 mph; another was in a school zone. He said speeding had dropped "drastically" in the village with the cameras.

"It's unfortunate that the judge doesn't see it as a safety issue," Peskin said.

The village argued that that camera enforcement by other municipalities has been upheld in other state courts, including in Ohio's Supreme Court.

The Lanham-Md.-based company Optotraffic installed the Elmwood Place cameras and administered their use, in return for 40 percent of ticket revenue. The company is one of several U.S. firms in the camera business. Optotraffic has said several other southwest Ohio municipalities have been awaiting the outcome of the Elmwood Place case before deciding on cameras.

An Optotraffic spokesman said he hadn't seen the decision.

"It would be inappropriate to comment on the judge's ruling, except to say that certainly has not been the opinion of courts around the country," spokesman Tim Ayers said.

Attorney Mike Allen said the plaintiffs were "very gratified" by the ruling, which he called "a victory for the common people." He said people who were unemployed, working poor, and single mothers were hit with $105 citations they couldn't afford, and he said Ruehlman's decision could spur more legal challenges and state legislation against traffic cameras.

"This is the first time that a judge has said 'Enough is enough,'" Allen said. "I think this nationally is a turning point."

The plaintiffs said $1.5 million in fines were assessed within the first few months of camera use.

The economically struggling village has only a full-time police chief, helped by auxiliary officers. Peskin has said there wasn't enough police staffing available to handle the speeding problems.

The village had said in its legal response to the lawsuit that "in the end, all a person has to do to avoid receiving a notice of liability from Elmwood is to obey the posted speed limit."

But the slew of citations led to petition drives, a Facebook page calling for a boycott of the village, and a councilman's call on the mayor to step down.

Business owners say customers who got citations said they would shop elsewhere, and the pastor of a Vietnamese congregation said about a third of his church's members have stayed away after more than half got speeding citations.

Ruehlman agreed that individuals and businesses have suffered damages because of the ticket blitz. He also blasted as "a sham" appeal hearings motorists can ask for by paying $25.

Comments

Kelly

So don't speed. Problem solved.

mitchello

That judge needs replaced. White sign with black letters means it's the law.

BW1's picture
BW1

So, it's OK to set up a machine that arbitrarily fines people without due process?

EricB

The "machine" as you call it did NOT arbitrarily fine people without
due process. The camera took pictures only of the people that were
exceeded the speed limit entering the village and entering the school
zone. I see no problem with that. There does appear to be a problem
with the beginning time when no one knew about it and to have to pay
a fee to contest the citation is very wrong.

Erie County Resident

So EricB you say these machines do NOT arbitrarily fine people without due process. The camera took pictures of "people" that exeeded the speed limit.

You are so so wrong with your so called facts.
I recieved one of these camera scam speeding tickets from the Cleveland PD weeks after a visit to the Cleveland Clinic.
Real funny thing there was no picture of me anywhere, just my vehicle and plate. The best part is the ticket said it was taken at 11:30 AM and I had been inside the Clinic since 7 AM and didn't leave until about 8 PM. I was not allowed to appeal or present my case in any court.

Now you say these are all legit and fair claims?
I agree with the judge these cameras are nothing but a SCAM!!!

Oh by the way the only people that had access to my vehicle during this time frame was valet parking who had my keys at this time.

BW1's picture
BW1

The camera took pictures of people who either:

a)were in front of the camera when a radar detected a return signal of a frequency indicating it bounced off SOMETHING traveling at above the speed limit. Since there's no record of what was outside the camera's field of view, there's no reliable method to assess if the car in the picture was the source of that signal.

b)it thought were speeding because of the time between detecting the car by two inductive loops buried in the pavement. However, the height and distribution of various metals in the car, the position of the front and rear suspension, and other factors that, combined, mean the inductive loops will produce anything BUT a corresponding pair of clean square waves. The technology involved is appropriate only in closely controlled environments that cannot be achieved in this context.

It's always amusing to see people who just accept all technology as magic and infallible, without grasping the first clue about it. That's what the hearing officer for Cleveland believed, until I demonstrated to him that he could not satisfy due process unless I was able to scrutinize the algorithm that read those inductive loop signals, that algorithm being my accuser. Case dismissed because there was no way on earth the company operating these scam cams for profit would let anyone see their source code.

Red light cameras have some legitimacy - they can produce photographic evidence of a car in the intersection under a red light. However, the speed cameras, in terms of poviding evidence that can be examined in any manner approaching our constitutional standards.

EdO's

Judges who have the public's best interest in mind. The police chief needs his chain jerked. This is not about public safety, it's about using the law against the people and Lanham-Md.-based company Optotraffic and William Peskin have figured out a way to profit from it.

Good for the councilperson to call for the Mayor's resignation. It appears he's in on the scam also.

We ain't a police state and when the citizens get involved, we can protect from becoming one. Down with Mayors, Policemen and Corporations like these.

Next let's go after Diebold...the machines that count the votes.

whocares

Can he do the same with the red light cameras?

BW1's picture
BW1

As outlined above, that's a different story.