Suit aims to ban camera-generated tickets

The class action suit would involve 500-600 people, a lawyer said.
By TIM YOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Attorneys representing a vehicle owner who got a speeding citation want an appeals court to stop Girard from issuing such camera-generated citations.
Two motions filed Thursday in the 11th District Court of Appeals also ask the court to declare the issue a class-action lawsuit -- which would include everyone who receives such a citation.
Attys. Brian P. Kish and David J. Betras of Canfield represent Julie Sferra of Niles, who received a citation Oct. 20. She asked for a hearing before the city's hearing officer, which was scheduled for next Wednesday.
However, on Wednesday the appellate court, at the request of Sferra's attorneys issued a writ of prohibition stopping the hearing from being held, until the court could hear arguments.
That appellate writ applies only to Sferra's case.
Other requests
On Thursday, Kish and Betras asked the appellate court to treat Sferra's case as a class action because there are too many people who received citations, and handling their cases individually is impractical.
Kish said he isn't sure how many citations have been issued but placed the number at between 500 and 600.
Girard has been issuing the citations based on readings from a camera since August to reduce speeding by motorists.
The citations are issued to the owner of the vehicle, not necessarily the driver. The owner can either pay a fine or ask for a hearing contesting the allegation.
Sferra's lawyers note in their motions that their client will "fairly and adequately protect the interests of the class."
They asked the court to order Girard to stop issuing citations using the radar-photo system, stop conducting hearings and prohibit the city from collecting or keeping any fines.
The Akron law firm of Vorys, Sater, Seymour and Pease LLP that represents the city sent a letter Wednesday to Sferra's lawyers telling them the city will continue issuing camera-generated citations.
Besides state constitutional grounds, Kish and Betras contend that only Girard Municipal Court can to determine if citations are valid.
Betras said he has asked Girard to stop issuing the citations until the issue is resolved. In the alternative, he asked that the city issue warnings.
Betras said the city refused on both counts.
yovich@vindy.com