“We installed these cameras because we just wanted people to slow down when they were traveling through the village,” said Lucas Mayor Todd Hall of the Optotraffic cameras located in the Lucas.
However, at least 60 people who have been fined as a result of the cameras decided to file a class-action lawsuit against the village. This is not the first case of a lawsuit filed regarding traffic cameras. In 2011, the city of Toledo had a class-action suit filed against the city. The lawsuit challenges the citations that were handed out to drivers who were speeding or running red lights.
The Ohio Supreme Court will review an appeal that stated Toledo had removed jurisdiction from the municipal court and its administrative process regarding drivers who were caught on camera.
Village of Lucas Solicitor Joseph Olecki explained that the Ohio Supreme Court has heard the Toledo case, but a ruling has not been made yet. “I would expect an outcome of this case by the later part of the year,” said Olecki.
In the meantime, lawyers in the case regarding Lucas have filed a “stay.” A stay is the act of temporarily stopping a judicial proceeding through the order of a court.
Olecki revealed the reasoning behind filing the stay. “We are waiting to see what happens with the Toledo case and then we will decide where to go from there. The similarities in the case against Lucas and the Toledo case are closely related. As of now, this case has not gone to court yet,” said Olecki.
Mayor Hall explained that in December 2012, the village council was considering implementing the traffic enforcement cameras.
“We had five public meetings after the discussion of implementing these cameras and no one came to council to voice their concerns about the cameras,” said Hall.
Hall said that the traffic speed cameras became a serious possibility when the Richland County Sheriff’s Department suffered budget cuts. “The Sheriff’s Department was unable to make it down to Lucas because of budget cuts. We wanted to figure out a way where we could get people to slow down. We decided to work with Optotraffic, who would be responsible for the cameras and the maintenance regarding the cameras,” said Hall.
“Between March 7-21, the cameras were placed in the village,” added Hall, “During this two week time period, the cameras were strictly collecting data. There were no notices that were being issued during this time period. It was determined that nearly 34 percent of drivers who were traveling through the village were going over the speed limit by at least 10 miles per hour.”
After the two week time period with the cameras collecting data, notices of liability were served to those drivers who were traveling at least 10 miles per hour over the speed limit. Hall explained that a camera was placed near the Lucas schools because the location was one where speeding was a concern.
“The camera that is in front of the school is different from the other one. When school is in session, the speed limit is 20 miles per hour. The camera will ticket someone who travels 26 miles per hour or above. When school is not in session the speed limit is 25 miles per hour and then it will ticket a driver who is traveling at a speed of 35 miles per hour or above,” said Hall.
The tickets are formally known as a “Notice of Liability.” The traffic enforcement cameras take a picture of the license plate and a notice is mailed to the owner of the vehicle. The notice of liability charges a $100 fine to the owner of the vehicle. The notices of liability are not criminal tickets, but civil violations. The notice of liability does not count as points towards the driver’s license.
Olecki shared the village’s perspective on implementing the cameras. “The Sheriff’s Department was doing a good job, but it just became difficult for them to travel here and since Lucas is small, we thought the cameras could be a solution to the problem of speeding,” said Olecki.
Hall explained that the revenue that is generated from the notice of liabilities goes directly back into the village. “The Village of Lucas receives $60 of every $100 that is paid. The money that we have received has gone back into the village. With this money, we have been able to pave three different streets and we have been able to replace a large stretch of sidewalk. All of these improvements were made at no cost to the village,” said Hall. OptoTraffic receives the other 40 percent of revenue from the cameras.
“The Sheriff’s Department was doing a good job, but it just became difficult for them to travel here and since Lucas is small, we thought the cameras could be a solution to the problem of speeding,” said Village Solicitor Joseph Olecki.
