Judge Issues Preliminary Injunction Shutting Down Elmwood Speed Cameras

March 7, 2013 - PRLog -- March 7, 2013

Contact: Mike Allen

513-445-9600 (o) | 513-479-4106 (c)

mikeallen@cincilaw.net

www.mkallenlaw.com | @mkallenlaw

JUDGE ISSUES PRELIMINARY INJUNCTION SHUTTING

DOWN ELMWOOD SPEED CAMERAS

Hamilton County Common Pleas Court Judge Robert Ruehlman has issued a Preliminary Injunction prohibiting the use of speed cameras in the Village of Elmwood Place.

The Preliminary Injunction was issued on March 7, 2013.  The Injunction was issued following a hearing in January.

Attorney Michael K. Allen (http://www.mkallenlaw.com) filed a lawsuit on November 30, 2012 on behalf of motorists and community members. The lawsuit alleges that the Ordinance is in violation of Ohio law and the Ohio Constitution. The lawsuit raises a number of procedural arguments related to the enactment of the Ordinance. The lawsuit also alleges that the Ordinance violates the due process rights of citizens.

The Judge wrote, ““Elmwood Place is engaged in nothing more than a high-tech game of 3 card Monty. . . It is a scam the motorist cannot win.”

Elmwood Place installed traffic cameras that record vehicle speed in September.  Thousands of citations have been issued, and Elmwood Place has estimated that the program generates revenues in excess of $350,000 each month.

Allen has stated that the preliminary injunction is appropriate because the due process concerns of citizens outweighs any benefits of the speed camera program.  “I think it is appropriate for the Court to err on the side of protecting citizens because it appears that the Village was motivated more by financial considerations than public safety.”