Court Decisions Class action filed over New Orleans traffic cameras
http://www.louisianarecord.com/news/231204-class-action-filed-over-new-orleans-traffic-cameras
Class action filed over New Orleans traffic cameras
11/11/2010 8:00 AM By Michelle Massey
A New Orleans woman is a lead plaintiff in a proposed class action against the city for its use of traffic cameras after she received a ticket captured by a traffic camera.
Evelyn Alexis Bevis, individually and on behalf of as class of persons similarly situated, filed the lawsuit Nov. 1 in federal court in New Orleans.
Bevis claims that city ordinances which allow traffic cameras and automated traffic enforcement are unconstitutional and are an unlawful delegation of police power.
The New Orleans City Council voted 6-1 on Nov. 4 to move oversight of the city's red light and traffic cameras to the New Orleans Police Department (NOPD) from the Public Works Department (PWD).
The measure came as a response to the Louisiana Supreme Court's ruling that it was against city charter for the PWD to administer traffic infractions. The city council said that the provision is retroactive and all previously issued tickets must be paid, with anyone who's already paid fines having now right to recover the funds.
The suit also names the city council, the PWD, American Traffic Solutions Inc. and "John Does" as defendants.
Among other things, Bevis claims the defendants violated the doctrine of governmental separation of powers. She also claims trespass to property, false arrest and/or attachment of persons and their property, unlawful touching and unlawful local government taking and/or expropriation.
Bevis is seeking more than $1.4 million in damages for loss and impairment of enjoyment and use of property, deprivation of civil rights, punitive damages, attorney's fees, court costs and interest.
The proposed class is represented by Brian A. Gilbert, Peter S. Koeppel and W. Scarth Clark of Best Koeppel Traylor in New Orleans and Alexander Dobrescu in Dobrescu and Associates in New Orleans.
A jury trial is requested.
U.S. District Judge Ivan L. R. Lemelle is assigned to the case.
Case No. 2:10-cv-4161
Subscribe to this comment's feedwritten by Randy Austin , December 29, 2010
"The city council said that the provision is retroactive and all previously issued tickets must be paid, with anyone who's already paid fines having now right to recover the funds." WOW Really? How can you make an illegal process legal, then make that legal process retroactive back to when you started the illegal process,so that the illegal process is in fact now legal? Let's see, now if I were an accountant, in New Orleans, and got caught stealing from my employer all I would have to do is the following. First, stop stealing cause I got caught. Second, change my activities so that I'm not stealing anymore. Third, make that retroactive back to when I first started stealing. There you go, I wouldn't have to go to jail or give the money back. After all I stopped stealing and made it retroactive. I hope everyone else can how totally ridiculous that is. But hey, apparently New Orleans thinks it's the way to go. I guess New Orleans gets to play by a whole set of different legal rules.
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