Speed camera stays; fines to be held back

Fines collected will be put into an interest-bearing escrow account.
THE VINDICATOR
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- A camera installed to catch speeders here will keep taking pictures, but the money collected in fines will not be available to the city.
A hearing in the lawsuit filed by Councilman Daniel Moadus to stop the camera's use took place Friday in the courtroom of Judge John Stuard of Trumbull County Common Pleas Court. Moadus, through his attorney, Jim Denney, asked to move the lawsuit to class-action status and restrict use of all funds collected through fines from the camera.
Judge Stuard ordered that all fines collected from citations issued by the camera from the date of his ruling be put into an interest-bearing escrow account. The city is free to do as it chooses with fines collected before the ruling.
City leaders have said the fines collected since the installation of the camera in July have not been used, but have been saved as a separate line item in the city's general fund account.
Where the money goes
The city receives $60 of each $85 citation issued. Traffipax of Columbia, Md., the company contracted to install and operate the device, receives the remaining $25. Judge Stuard ordered that the Traffipax portion of the fine also be placed in escrow.
The city and Traffipax had an option of suing those who refused to pay the tickets. Jerry Lambert, Girard safety services director, said the city had not used that option, but Judge Stuard ordered that no one be sued for collection of fines until the issues surrounding the legality of the camera have been settled.
Judge Stuard did allow the suit to move forward as a class action, but limited it to those who have been cited and did not pay the fine. Those who have been cited and paid the fine cannot be a part of the class action.
Denney and co-counsel Atty. Kim Kohli said they are pleased with the outcome of the hearing and happy to have at least the limited class-action suit and the injunction on use of the fines. Denney, however, was not happy with the entire ruling.
"I disagree with the judge's decision to not include those who have already paid, but he is the judge," he said.
Atty. John Solomon, representing the city of Girard, said the ruling was not in complete favor of either side.
"[The class-action ruling] was more than we would have liked, but less than the plaintiffs would have liked," he said. "The judge understands this is an interesting issue. It is an important issue. It comes down to public safety."
Girard Mayor James Melfi said the city is happy with the outcome of the ruling. He said the city is free to continue enforcing safety with the use of the camera and placing the fines in escrow is not a problem.
Solomon said a motion by the city to exclude Traffipax from the lawsuit was not ruled on because the plaintiffs had not responded to that motion.