Court Decisions Houston: Lawyer To Step into Red Light Camera Fight
from: http://www.facebook.com/#!/group.php?gid=368762987488 Citizens Against Red Light Cameras.
http://www.myfoxhouston.com/dpp/traffic/101130-randall-kubosh-red-light-camera-lawsuit
The Best comment I read was from Jlb 20 hours ago
It's nice to see that ATS is so concerned about Houstonian's safety that they are trying their best to block a basic principal of Democracy.
Lawyer To Step into Red Light Camera Fight
Updated: Tuesday, 30 Nov 2010, 7:33 PM CST
Published : Tuesday, 30 Nov 2010, 11:46 AM CST
PATTIE SHIEH
Reporter
HOUSTON - The citizens of Houston may get a voice in the legal battle over the status of the city's red light cameras. Randall and Francis Kubosh announced Tuesday morning they plan to file a motion to intervene in the federal lawsuit between American Traffic Solutions and the City of Houston.
Randall Kubosh says he fears the city may not be sufficiently motivated to defend the Nov. 2 decision by Houston voters to do away with red light cameras.
Kubosh said the following in a statement: "The Mayor has publicly stated that Proposition 3 was a perversion of the Charter Amendment Process. Many members of City Council are in favor of the Red Light Cameras. City Council member Ann Clutterbuck voted to deny the citizens' right to vote. In light of the administration's overwhelming support of A.T.S., we are concerned that the City of Houston will not zealously defend the will of the people against this attack on their vote."
City of Houston attorney David Feldman had a quick answer to that.
"They give me too much credit, that is not happening. I think we all recognize that there are legal issues that have to be addressed in respect to the contract with respect to the effect of the referendum on the contract that's all that we're trying to work through."
Feldman would not talk about how much money the city might lose in all of this. If the judge clears the path for the Kubosh family, that would put them in the unusual position of being on the same side of the street as the city.
ATS has already won a federal court injunction preventing the cameras from being taken down pending the outcome of the lawsuit. Judge Lynn Hughes also ordered that the city and ATS continue to collect fines for the traffic violations that occurred through Nov. 15.
ATS claims Houston voters cannot force the city to break its red light camera contract because it would be a violation of the United States and Texas Constitutions.
ATS also says the City of Houston knowingly and intentionally gave up its right to terminate the contract by signing a new contract in 2009, which removed the "out" clause that existed in the previous contract. ATS states that the city's motivation for this was fear that a proposed law by the State of Texas could force them to terminated the contract.
FOX 26 legal analyst Chris Tritico says the judge may or may not allow Kubosh to intervene.
"The judge has to weigh what the city's options are in attacking this and defending the vote," says Tritico. "If the judge decides the citizens need extra help, then he will allow this intervention to take place."
But when the rubber meets the road will it make any difference? Tricito doesn't think so.
"How much will this impact if the Kuboshes are allowed to intervene? It really doesn't matter that much, I think. Except you'll have someone really pushing the citizens side and not necessarily the city attorney right now whose kind of torn between city council who's in favor of this and the citizens who are not."
Randall Kubosh says he has been told through unofficial contact with the Houston City Attorney's office that the city would oppose his motion for intervention. However, the city has yet to confirm that.
The parties in the lawsuit will be back in Federal Court Dec. 3, 2010 to submit briefings on the validity of Proposition 3 under the municipal, state and federal laws.
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