Court grants stay in speed-camera case

The attorney said a class-action suit may be coming.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- A court order has placed a temporary stay on one woman's order to pay fines imposed by a speed camera here.
City officials, however, say all others who are ticketed must still hand over the cash.
Julie Sferra, through her lawyers Brian P. Kish and David J. Betras of Canfield, filed a motion for an alternate writ of prohibition Monday in the 11th District Court of Appeals. The motion asked the court to prohibit Sferra's scheduled hearing next Wednesday before a hearing officer in Girard, along with all other similar hearings involving the speeding program.
The court granted the writ Wednesday, but applied the order only to Sferra's hearing. Betras, however, said having one hearing stayed is not good enough.
The attorney is planning to include the hearings of others disputing fines imposed by the camera in a class-action suit against the city.
He said subpoenas for the names of all those fined will be sent to the city if the use of the camera for ticketing purposes is not immediately stopped.
"I am going to tell the mayor of Girard to either dismantle that machine or I am going to go after them for all the money collected," Betras said. "The ball is in the mayor's court; he can either follow the law or continue to act like a tyrant."
The city, Betras said, should use the camera only to issue warnings to those found speeding.
Defend camera's use
The city and representatives of Traffipax, the Columbia, Md., company in charge of operating and maintaining the camera unit, see the appellate court decision much differently than do Betras and Kish.
Mayor James Melfi has long contended the camera is more for safety than revenue. He said the situation involving Sferra, who authorities said was driving 27 mph over the posted speed limit, is proof of the camera's contribution to safety in the city.
"Someone doing 52 miles per hour in a 25 mile-per-hour zone is making the streets unsafe for other citizens, and in that respect, the camera is working wonderfully," he said.
Mark Standohar, city law director, said Betras and others are reading more into the stay issued by the court than is actually there.
"We have finally managed to find a camera Dave Betras doesn't like," Standohar said, adding that many people have overstated the reach of the writ, signed by Appellate Judge Donald Ford.
"It [the writ] only puts a temporary stay on the hearing scheduled for Nov. 9," Standohar added. "The safety-service director and mayor have made it clear -- the camera will stay in place and they will proceed with collections as usual."
Hearings continue
Wednesday did proceed as usual with camera-fine hearings held in the afternoon.
A Niles woman was ordered to pay a fine of $85, which the hearing officer reduced from $105. A $20 late fee on the fine was waived.
Jerry Lambert, safety-service director, said that city officials are convinced the hearing officer is not taking over the job of Girard Municipal Court and that the fines and system are perfectly legal.
"We are absolutely not taking the camera down," he said. "As far as the city of Girard is concerned, it is legal."
Four people were scheduled for hearings Wednesday, but only one actually appeared. Allen Shutt, Traffipax representative, said many people are hearing misinformation and electing to not pay the fines or appear for requested hearings.
"I think [Betras] is misleading people as to how he is going to have the camera terminated," Shutt said. "I don't think he has done any research into people trying to do before what he is trying to do now. I can't think of any reason the program would be terminated."
Officials have said late fees will continue to be attached to unpaid fines. A $20 late fee is added to the fine for each 21 days it is left unpaid. The maximum late fee is $60.
jgoodwin@vindy.com