St. Louis red-light camera law remains in limbo

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St. Louis red-light camera law remains in limbo
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ST. LOUIS • The city's red-light camera ordinance remains in limbo.

While a judge has reaffirmed his earlier ruling that the law is invalid, the city maintains it will continue using the cameras to catch violators while appealing the decision.

In May, Circuit Court Judge Mark Neill ruled preliminarily that St. Louis and other municipalities did not have the authority to use the cameras without any supporting state legislation. On Friday, he added in a final ruling that the law is unconstitutional because it does not offer a way for someone to contest the violation except in cases where they claim they were not the driver or that the car was stolen.

While a state appeals court in October upheld Creve Coeur's red-light camera ordinance, Neill noted in his ruling that the ordinance there works more like a parking violation, ticketing the vehicle versus the driver. The St. Louis ordinance, he wrote, is not limited in that fashion.

Neill's decision stems from a lawsuit filed in 2009 by three motorists who received tickets and challenged the constitutionality of the law.

City Counselor Patricia Hageman said the final ruling, which was not unexpected or substantially changed, paves the way for the city's appeal.

"Throughout the pending appeal we will continue to operate our red light cameras and people will be expected to pay their violations," she said.

The judge denied the plaintiffs for an injunction barring the city from ticketing via red-light cameras, stating that “the court assumes that the city will not attempt to enforce the ordinance if and when a judgment declaring the ordinance void becomes final.”

The city enacted its red-light ordinance in November 2005 and has a contract with American Traffic Solutions, which has cameras at 51 intersections.

Through June last year, the city had issued 267,777 notices. Nobody had been arrested or charged more than the standard $100 fine.

So what to do now if you receive a red-light camera ticket? It depends upon your willingness to gamble.

Russell Watters, attorney for the plaintiffs, said it's up to the individual on whether they want to bank on the judge's ruling being upheld on appeal.

But, he noted, "The thing is, the city doesn't do anything to follow-up  if people don't pay these penalties."

Watters says he has a couple of his own that he's decided not to pay.

 

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

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