Wednesday, July 26, 2017
The Ohio Supreme Court on Wednesday upheld cities’ use of traffic camera enforcement for a third time, striking down as unconstitutional legislative restrictions that included requiring a police officer to be present.
The ruling was 5-2 in support of the city of Dayton’s challenge of provisions in a state law that took effect in 2015. The city said it improperly limited local control and undercut camera enforcement that makes cities safer by reducing red-light running and speeding. Dayton and other cities including Toledo and Springfield said the law’s restrictions made traffic cameras cost-prohibitive.
The court Wednesday ruled illegal requirements in the law that an officer be present when cameras were being used, that there must be a lengthy safety study and public information campaign before cameras are used, and that drivers could be only ticketed if they exceeded the posted limit by certain amounts, such as by 6 mph in a school zone.
A majority opinion written by Justice Patrick Fischer found those three restrictions “unconstitutionally (limit) the municipality’s home-rule authority without serving an overriding state interest.”
The state’s highest court has twice previously ruled for cities on cameras.
Justice Patrick DeWine wrote a dissenting opinion, saying the legislation was “a compromise” meant to deal with concerns that cameras were being misused to generate revenue while allowing municipalities “some opportunity” to employ cameras.
“Today’s decision has the unfortunate impact of further muddling a body of law that is already hopelessly confused,” DeWine wrote. Justice William O’Neill also dissented.
The state had contended that the law was within the legislature’s powers as a “statewide and comprehensive” way to regulate enforcement of traffic. Supporters said officers were needed to detect camera malfunctions and situations that clearly call for an exemption from ticketing.
Dayton police, whose use of traffic cameras goes back nearly 15 years, had resumed this year using officer-manned fixed cameras at certain sites, saying traffic crashes had shot up after camera enforcement halted. Dayton is also among cities that have equipped some officers with new hand-held cameras to record violations.
Ohio has been a battleground for years in the debate across the United States over camera enforcement. Critics say cities use them to boost revenues while violating motorists’ rights. Supporters say they increase safety and free up police for other crime fighting.
Attorney General’s spokesman Dan Tierney said Wednesday the case couldn’t be appealed to the U.S. Supreme Court because it involved a solely state law.