Refunds sought in wake of ruling

A Steubenville businessman is suing that city in a lawsuit similar to Girard's.
By AMANDA GARRETT
VINDICATOR TRUMBULL STAFF
GIRARD -- A lawyer who won a class-action lawsuit against the city over its use of an automated traffic camera plans to try for refunds for people who paid fines as a result of the camera.
Atty. James Denney, who filed the lawsuit in Trumbull County Common Pleas Court on behalf of city Councilman Dan Moadus, said if the money is not refunded he plans to approach the court once more.
"We will ask the court by motion for an order directing the refund of this money," he said.
In January, Judge John M. Stuard ruled that all fines collected from citations issued by Traffipax, a Maryland company that owns and operates the cameras, be put in an interest-bearing escrow account. City officials say there is about $160,000 in this fund.
Girard officials did not return calls to comment on what they intend to do with the money.
In his ruling Thursday, Judge Stuard wrote the cameras are in violation of general state laws that govern traffic -- because they decriminalize speeding and attach civil penalties instead of criminal penalties.
The ruling comes at a time when other Ohio cities are facing lawsuits involving traffic cameras.
Atty. Gary M. Stern recently filed a suit in Jefferson County Common Pleas Court that questions the constitutionality of traffic cameras in Steubenville. Stern said the Trumbull ruling will help his case "enormously."
Stern is suing the city on behalf of Louis Tripodi, owner of Steubenville Bakery, who said the traffic cameras have hurt his business.
Legal, legislative efforts
Earlier this year, Stern won a class-action lawsuit against the city on behalf of Stern's wife, April. The judge in that case declined to rule on the constitutionality of the traffic cameras, Stern said. Instead, he ruled that the cameras violated a city ordinance that required 14 days of advance notice before installation.
Under the ruling, all recipients of tickets from the cameras were eligible for a $68 refund from the city.
Since then, the city rewrote its ordinance to eliminate the 14-day requirement and plans to put the cameras back into use.
There is also a law before the Ohio legislature that concerns traffic cameras. House Bill 56, sponsored by Jim Raussen, R-Springdale, would severely limit the use of speed cameras.
The bill, which passed the Senate Highways and Transportation Committee in May, bans the use of speed cameras unless a police officer witnesses the violation and writes a ticket.
The bill also prohibits private traffic vendors from taking a cut from any fines collected.
The bill that passed the House 72-23 in May also banned the use of red light cameras, but the Senate committee's version would only prohibit their use if the cameras cause an increase in accidents.
If the bill passes the Senate, the differences in the two ordinances will be worked out in committee.
agarrett@vindy.com