Here's an article. Thoughts? Also, I just got a red light traffic ticket and preparing to fight..
..Yes, I got all three manuels.
Lawsuit filed challenging red-light cameras
Latest claim argues program violated Tenn. Constitution
By Rebecca Ferrar
Tuesday, April 27, 2010
A new argument has been made by four Knoxvillians challenging the city of Knoxville's red-light camera ordinance as their lawyer argues the program violated the Tennessee Constitution for three years.
Jason Patrick Davis, Lisa B. Cox, Mitchell Stooksbury and Melissa Sue Hill, all of Knoxville, filed the lawsuit Monday in Knox County Chancery Court against the city of Knoxville and Redflex Traffic Systems Inc., the operator of the city's system.
Robert Pryor, the lawyer in the case, said his clients are seeking refunds of all fines, penalties, late fees and other charges made in regard to red-light tickets, not only for the four, but as a class for all those cited during the time frame the lawsuit covers.
The lawsuit covers the period from Feb. 1, 2005, when the city first passed the red-light ordinance, until the city passed another ordinance effective July 1, 2008, to mirror a state law effective the same day, making it a traffic violation to run a red light under camera programs.
Knoxville actually put its red-light camera program in place in February 2006, when the cameras were installed, the lawsuit states.
Pryor argues violations charged under Knoxville's red-light camera ordinance are invalid because such charges did not conform with any existing state law, making them unconstitutional. The state constitution says there must be "consistency" between municipal laws and state laws and that municipal laws shall not conflict with state laws, according to the lawsuit.
Pryor says it's a legal claim that has not been made before in Tennessee.
"The city rushed the ordinance," Pryor said of the 2008 measure. "From that day forward, the ordinances were constitutional. The (state) attorney general said so, and cases have said so, but nobody has addressed those first three years before the ordinances were enabled by the General Assembly.
Pryor said his clients aren't in favor of running red lights but rather, "We're pro-constitution. A law that's unconstitutional when passed never operates, can never be used and it cannot be brought back to life by the state saying these ordinances are OK.
"In 2006, 2007 and 2008, Knoxville was prosecuting people (who were) in conflict with state law without permission from the state of Tennessee. That state statute enabled these red-light ordinances."
The lawsuit is not seeking refunds for anyone after the 2008 state law was enacted.
The city fine is $50, but another $68 can be added for late fees and court costs.
Two other challenges have been made in Tennessee by Ronald G. Brown and Joshua Kimsey, who are arguing the city ordinance violated their due process and equal protection rights under the U.S. Constitution.
Both lost on appeal to the state Court of Appeals, and the state Supreme Court declined to hear either case, said Ron Mills, Knoxville's deputy law director.
Mills declined to comment on the pending litigation.
Rebecca Ferrar may be reached at 865-342-6357.
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