Class action law suits against cameras

By: Drivers.com staff
Date: 2009-08-25

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Hundreds of Florida drives are joining in class action lawsuits against a number of Florida jurisdictions over what they say are constitutional rights infractions by jurisdictions using sensors and automated cameras to track red light violations.

The jurisdictions include Aventura, Miami Gardens, Juno Beach and Orlando. Between 16 and 20 other jurisdictions will be added in the next few weeks, according on reports in the Sun Sentinel.

Municipalities say the cameras deter drivers from running red lights, prevent accidents and save lives. Critics of the cameras say they violate drivers due process and equal protection rights.

Lawyers for drivers participating in the lawsuits argue that local governments are not permitted under state law to regulate stop lights. Under state law, police officers cite drivers who run red lights and the tickets can be contested in a county court. However, in cities, no officer witnesses the red light infraction and it is the vehicle's owner, not the driver, who is cited. Worse still, owners cited can only appeal to a special magistrate, who typically works for the city.

This, says attorney Brett Luskin, who filed the original suit in Aventura, just north of Miami, is "like having the officer who wrote you the ticket rule on your case … It's a flat violation of state law. I want the judge to declare these things are invalid."

However, some Florida municipalities are carrying on with plans for cameras. In the case of Pembroke Pines in Broward County, camera provider, American Traffic Solutions is assisting with defending against the lawsuits in court.

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