Court Decisions Judge rejects challenge of red-light cameras
(Orlando Sentinel)
By Dan Tracy, Orlando Sentinel
3:23 p.m. EDT, May 25, 2011
An Orange County judge Wednesday dismissed a suit claiming that the red-light cameras operating throughout Metro Orlando and the state are unconstitutional.
Judge Jerry Brewer, who last week listened to arguments against the state law approving the cameras, wrote in a three-page ruling that "there is no need to address the merits of the instant motion because it is both procedurally and facially insufficient."
The suit was brought by Orlando attorney Robert Azcano of the Traffic Clinic on behalf of two clients who were mailed tickets for running red lights monitored by cameras. He declined comment.
Mike Rhodes, who oversees Orlando's camera program, said the ruling is significant because the claims rejected by Brewer likely will be made again next month by several other attorneys fighting tickets before several Orange County judges. They will be heard together because of their similarities.
"I think it sets the stage for a pretty positive result," Rhodes said. "It certainly is a good sign."
Azcano contended last week that the cameras deprive ticketed motorists of their constitutional rights to due process and equal protection under the law. He also said there is too much of a financial incentive to issue citations, violating a state prohibition of ticket quotas.
Brewer disagreed and said Azcano failed to show that his clients suffered any real harm because of the tickets, which cost $158 if paid promptly. No points are assessed with camera tickets that are not appealed.
More than a half dozen jurisdictions in Central Florida are renting cameras from private companies, including Orlando, Orange County, Apopka, Ocoee, Winter Park, Maitland and Winter Springs. Kissimmee, Oviedo and DeLand are negotiating contracts, too.
Almost 60 cameras are running in the region, mostly in Orange County. Each camera costs government about $4,500 a month, with that money going to companies such as ATS of Phoenix, the most popular vendor in Central Florida.
Orlando alone has brought in nearly $7 million in fines since starting the program in September 2008. It expects to pay more than $900,000 to ATS this year.
Critics charge that the cameras are designed to raise money for financially struggling governments. Proponents say they improve safety.
An Orlando Sentinel review of the law found it is applied erratically, especially when it comes to tickets for turning right on a red light. Orlando, for instance, does not issue tickets for right-turn violations caught on camera, while Apopka routinely issues citations if the camera shows the motorist fails to come to a complete stop before the white line.
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