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St. Louis red-light camera law thrown into question

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St. Louis red-light camera law thrown into question
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ST. LOUIS • A judge's preliminary ruling that the city's red-light camera law is invalid has no immediate impact, and tickets will still be issued, City Counselor Michael Garvin said Monday.

Circuit Court Judge Mark Neill made the ruling Friday in a lawsuit filed in 2009 by three motorists who received tickets and challenged the constitutionality of the law.

At immediate issue was whether St. Louis, which has unique standing under the Missouri Constitution as both a city and a county, can make its own rules without an enabling statute from the Legislature.

Neill wrote: "Because the red-light camera ordinance does not enact 'rules of the road' or 'traffic regulations,' the court finds, in absence of other enabling legislation by the state of Missouri, that the city of St. Louis did not have authority to enact such an ordinance. Therefore, Ordinance #66868 is void."

The judge said the automated system "is a drastic departure from the traditional police powers granted to municipalities; and as seen here, it raises a whole host of legal and constitutional issues." He added, "A municipality may only exercise its police powers under authority granted to it by the state."

Garvin, the city counselor, said that the issue was not part of the original lawsuit and that lawyers did not submit written briefs or make arguments to the judge on it.

"But we're hoping once we do brief it, he will change his mind," he said.

Garvin said another hearing in the case is set for June 13.

A lawyer for the plaintiffs, Jim Martin, said the use of such cameras creates due-process concerns.

"In our minds, and in the minds of others, it appeared to be nothing more than a money grab," he said.

Proponents say it is a safety measure that reduces serious accidents.

The city enacted its red-light camera ordinance in November 2005 and has a contract with American Traffic Solutions, which has cameras at 51 intersections, the judge wrote. Through June 30, police had issued 267,777 notices. Nobody has been arrested since the program started, and nobody has been charged any more than the standard $100 fine, he wrote.

Jake Wagman of the Post-Dispatch contributed to this report.

Copyright 2012 stltoday.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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