GIRARD Camera opponent hires new attorney



The attorney plans to bill the city for space that the camera had occupied.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
GIRARD -- A former city councilman opposed to the speed camera being used here is continuing his fight, but now with a new lawyer -- who says the camera is about making money, not increasing safety.
The city has been using a video camera and radar detector system to record speeding violations since August. Offenders pay fines by mail. The violation is a civil offense that carries no points on a driver's record.
Daniel Moadus Jr. filed a self-penned lawsuit in August in Trumbull County Common Pleas Court against the city. He asks that the camera's use be discontinued, and that a temporary injunction against its use be put in place until the matter came to court.
Moadus, upon learning that he couldn't represent himself because of the type of lawsuit he'd filed, retained Atty. James Denney of Girard.
Continuance granted
Denney said a continuance was granted Wednesday so that he would have time to change some of the points in the initial complaint. He said city officials' contention that the camera is needed to address safety concerns would be a factor in the suit, but he would not elaborate beyond that.
"This is obviously not about safety," Denney said. "It is a revenue-generating tool."
Mayor James Melfi has said that officials are using the camera as a means to slow speeders and increase safety. He said there is no doubt that the camera has slowed traffic, especially along busy U.S. Route 422.
Melfi said city officials will evaluate the camera's effectiveness in reducing speed at some time in the near future.
Denney said he is adamantly against use of the camera and is not charging for his services. He said the device has no business on city streets in this country.
"This is a horrible idea," he said. "I believe it is un-American to put spy cameras in our cities for financial gain."
Denney has had some problems with the camera in the past.
Officials inadvertently attached the camera to a pole on Denney's property earlier this year. Denney placed a car in front of the camera, blocking it from taking pictures of passing cars.
The camera was moved that same evening, but Denney said he is planning to send the city a bill for the space used by the camera while it was on his property.
Moadus said he is happy to have Denney handling the case -- a case he expects to be a long and potentially expensive court battle.
Donations accepted
Denney said he is willing to accept donations from residents or anyone interested in donating to the fight against the camera. The donations would go toward expenses, other than legal fees, during the court proceedings.
Several people, including another local attorney and a police officer, have been ticketed by the camera and vowed to fight paying the tickets. Some of those individuals may soon meet Denney: He is working on filing a class-action lawsuit for those ticketed and those in jeopardy of receiving tickets from the camera.
jgoodwin@vindy.com