ELMWOOD PLACE, OH (FOX19) -
A Hamilton County judge's decision to allow a
permanent injunction on controversial speed cameras in Elmwood Place is garnering
national attention.
"We've
heard from news outlets all over the country as well as citizens," attorney
Mike Allen told FOX19. "I think what this is going to do start a brush fire of
lawsuits just like this from other citizens and other lawyers that are willing
to take it on."
Judge
Robert Ruehlman issued a permanent injunction against the cameras on Thursday.
Allen filed the lawsuit on behalf of drivers
cited by the Village of Elmwood Place, demanding that the cameras be taken
down. He has called the cameras a violation to drivers' constitutional rights.
"People
do not like these speed cameras. They're not fair, they don't give you an
adequate chance to contest them," he said Friday.
The plaintiffs in the
case claimed the people and businesses in Elmwood Place had suffered damage as
a result of the speed cameras. They claimed that businesses had lost customers
and churches have lost members because people were afraid to get a ticket while
visiting the village.
The judge ruled that the ticket policy fails
to give people a chance for due process. In his decision, the judge goes on to
state that the optional $25 hearings are "nothing more than a sham."
In the strongly worded opinion, the judge
states that "Elmwood Place is engaged in nothing more than a high-tech
game of 3 CARD MONTY. It is a scam that the motorists can't win."
Elmwood Place police Chief William Peskin
says they don't agree with the ruling and plan to appeal.
The cameras have been at the center of
controversy since being installed in September of last year. The cameras have
caused thousands of citations to be issued at a cost of $105 a piece.
Peskin says refunds
will not be given to drivers who previously received tickets due to the cameras
and says drivers who have received tickets and have yet to pay will still be
required to make payment as the law was in effect until Thursday afternoon.
Mike
Allen says the ruling does not discuss payment but says that is something he is
investigating.
"We're
conducting legal research to see if that's a viable option," Allen said.
Allen
recognizes the case is only at the beginning stages, saying he had anticipated
an appeal.
FOX19
reached out to Optotraffic, the company who owns and runs the speed-detecting
equipment. A spokesperson for the company says they will stand behind the
village as it appeals the judge's ruling.
Refunds will not be given to drivers who previously received tickets due to the cameras. Drivers who have received tickets and have yet to pay will still be required to make payment as the law was in effect until Thursday afternoon.
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