Today’s topic is one near and dear to every driver out there: traffic cameras. Ohio’s Supreme Court ruled last week on a case involving Ohio’s 2015 law that reduced municipal funding by one-third the amount received in traffic camera fees. The case is Toledo v. State, 2018-Ohio-2358.
Municipal Use of Traffic Cameras
Many cities around Ohio have looked at traffic cameras as a source of income. Who among us hasn’t heard DJs asking people to call in to report where the I-680 traps are today?
In 2014, the Ohio legislature passed rules to restrict how cameras may be used, but the rules were challenged by cities claiming that the state rules were an unconstitutional interference with city police powers. The Lucas County Court of Common Pleas agreed with the cities and put the state regulations on hold until the issue could be handled by the Courts of Appeals and the Supreme Court.
In response to the Lucas County decision, a new law was passed, requiring cities to either following the now-on-hold 2014 law or to report the earnings from ticket revenues to the state and to reduce a city’s funding from the state by one-third the amount of ticket revenue.
Needless to say, the new state rules were as unpopular as the old and were again challenged by the cities. The cities challenged the new rule not as unconstitutional but as a violation of the court order putting the old rules on hold. Lucas County put the new rules on hold without addressing whether the law was valid.
Supreme Court Ruling
Ohio’s Supreme Court ruled that the Lucas County order putting the new rules on hold was not within the powers of the court. The Court said that keeping the legislature from exercising its authority under the state constitution is an extreme remedy that should only be used if the law being challenged is invalid. The cities never challenged the constitutionality of the new rules, nor were the new rules proven unconstitutional in court. Because nothing showed that the new rules were invalid, the Supreme Court reversed the order of the Lucas County court putting them on hold.
What Does This Mean For Me?
Now, not everyone out there is a legal geek like I am. You want to know what this means for your morning commute, not what this means for how cities and Columbus are getting along.
This ruling from the Supreme Court allows the state to charge a financial cost to cities who use traffic cameras. This cost might mean that you’ll see fewer cameras put in to use, but you might still want to keep your phone handy to let the radio stations know where they are.
Have You Been Charged With a Traffic Crime?
If you are charged with a traffic crime, you should speak with a lawyer. A lawyer can help you determine what defenses might exist and help you get your case resolved. Don’t wait, call today.
Leave a Reply