Judge Ruehlman rules on Elmwood Place speed cameras - KLTV.com-Tyler, Longview, Jacksonville, Texas | ETX News

Decision on speed cameras garners national attention

Posted: Updated: March 8, 2013 07:43 PM
ELMWOOD PLACE, OH (FOX19) -

A Hamilton County judge's decision to allow a permanent injunction on controversial speed cameras in Elmwood Place is garnering national attention.

"We've heard from news outlets all over the country as well as citizens," attorney Mike Allen told FOX19. "I think what this is going to do start a brush fire of lawsuits just like this from other citizens and other lawyers that are willing to take it on."

Judge Robert Ruehlman issued a permanent injunction against the cameras on Thursday.

Allen filed the lawsuit on behalf of drivers cited by the Village of Elmwood Place, demanding that the cameras be taken down. He has called the cameras a violation to drivers' constitutional rights.

"People do not like these speed cameras. They're not fair, they don't give you an adequate chance to contest them," he said Friday.

The plaintiffs in the case claimed the people and businesses in Elmwood Place had suffered damage as a result of the speed cameras. They claimed that businesses had lost customers and churches have lost members because people were afraid to get a ticket while visiting the village.

The judge ruled that the ticket policy fails to give people a chance for due process. In his decision, the judge goes on to state that the optional $25 hearings are "nothing more than a sham."

In the strongly worded opinion, the judge states that "Elmwood Place is engaged in nothing more than a high-tech game of 3 CARD MONTY. It is a scam that the motorists can't win."

Elmwood Place police Chief William Peskin says they don't agree with the ruling and plan to appeal.

The cameras have been at the center of controversy since being installed in September of last year. The cameras have caused thousands of citations to be issued at a cost of $105 a piece.

Peskin says refunds will not be given to drivers who previously received tickets due to the cameras and says drivers who have received tickets and have yet to pay will still be required to make payment as the law was in effect until Thursday afternoon.

Mike Allen says the ruling does not discuss payment but says that is something he is investigating.

"We're conducting legal research to see if that's a viable option," Allen said.

Allen recognizes the case is only at the beginning stages, saying he had anticipated an appeal.

FOX19 reached out to Optotraffic, the company who owns and runs the speed-detecting equipment. A spokesperson for the company says they will stand behind the village as it appeals the judge's ruling.

Refunds will not be given to drivers who previously received tickets due to the cameras. Drivers who have received tickets and have yet to pay will still be required to make payment as the law was in effect until Thursday afternoon.

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