DAYTON, Ohio (WDTN) – A lawsuit filed Tuesday could put an end to red light and speed cameras in Dayton and lead to refunds for the thousands who have paid fines.
The suit is asking for an end to the cameras and refunds for those who had to pay the $85 tickets. “Our aim is to put some money back in their pockets because we believe the ordinance is unconstitutional,” says Attorney Michael K. Allen.
Allen’s law firm has already won red light camera cases against Ohio cities Elmwood Place and New Miami. He says the problem with Dayton’s cameras are that they don’t give drivers a way to properly fight the case.
The ordinance requires those ticketed to put up $85 to get a hearing, although it’s refunded if you win. “That’s saying you’re guilty and you have to prove yourself innocent and that’s not right,” Allen says. “That’s not what this country was founded on.”
It took a brief trip down Keowee Street for Ghassan Deek to get a speeding ticket, but it wasn’t until he took another journey that he decided to challenge it.
“I paid the ticket but after taking constitutional law at school I noticed something wasn’t right here,” Deek says.
Deek is now part of the lawsuit being filed against Dayton’s red light and speed cameras.
In Dayton, 21 red light or speeding detection cameras are in use at 19 intersections.
Allen says they’ve generated nearly $9 million dollars for the city since first being installed in 2003, although $3 million of that has been paid to Redflex, the company that operates the cameras.
We called city officials to ask about the cameras and were told they’re not commenting.
In the past they’ve pointed out that accidents have dropped at the intersections where the cameras are located along with the amount of tickets issued.
We asked Deek what he thinks about the safety claims.
“I think it’s a fair argument the city has that we need to control traffic violations but the constitution says it has to be narrowly tailored,” Deek says.
Allen says anyone who has gotten a ticket will be able to join the class action lawsuit.
The Ohio legislature is considering a ban on the cameras, but Allen says that wouldn’t impact the suit, which is asking for refunds for those who’ve already paid fines.