Court Decisions
Some Hallandale red-light violators may get money back (Plus Spin from Tokyo Charlie of ATS)
Ban the Cams note: I like the bit from Tokyo Charlie trying to say ATS didn't BREAK THE LAW! It is fun to watch his spin in action!
http://www.sun-sentinel.com/news/broward/fl-hallandale-red-light-settlement-20111101,0,853147.story
Some Hallandale red-light violators may get money back (Plus read the Spin from Tokyo Charlie on ATS "not" breaking the law).
By Tonya Alanez, Sun Sentinel
12:19 p.m. EDT, November 1, 2011
HALLANDALE BEACH—
There may be great news for the city's red light violators and possibly those in Pembroke Pines, West Palm Beach and Aventura. Those who paid fines prior to July 1, 2010 may get some money back.
Hallandale Beach is poised to approve a $375,666 settlement in a class-action red-light camera lawsuit at its Wednesday meeting. An estimated 9,000 people are in the class.
The complaint filed in the name of Moraima Ramon, 50, of Hallandale, alleges the city overstepped its bounds by enacting red-light cameras before the state did.
"The gist of the lawsuit is that before this was enacted into a state law July 1 of last year, the cities still went ahead and enacted these red-light cameras and the programs were in violation of state law," said Ramon's attorney, Jason D. Weisser.
Charles Territo, spokesman for American Traffic Solutions (ATS) Inc., which operates most of the cameras in South Florida, said the settlement is no way a concession to the allegations.
"This is an opportunity to put this issue behind us and move forward," Territo said. "Hallandale Beach's program has been extremely successful and we look forward to continuing to work with the city to help enhance road safety."
(Ban The Cams Questions: so Tokyo Charlie, ARE YOU BEING PAID PER TICKET????
WE know that some lobbyist are of your competitors.
(in fact one former councilman was being paid from REDFLEX: http://www.wwltv.com/news/JP-Council-suspends-traffic-cameras-for-another-30-days-90875519.html
Quote: ",,,documents that showed that former New Orleans Councilman Bryan Wagner was receiving a portion of all traffic fines paid to the camera operator, Red Flex.")
So does ATS pay some of its executives a "per ticket fee"???
HOW MUCH DO YOU GET PER TICKET????
You are high up there we suspect. You did sign as one of the officers of the Front Group: NCSR http://www.banthecams.org/attachments/1734_NCSR%20Board%20of%20Directors%20%20ATS%20front%20group.pdf).
(Do you live in AZ or VA????)
A draft settlement order said the settlement is a means to avoid the cost of litigation and lengthy appeals: "The parties were determined to vigorously defend their positions and but for the settlement would have continued the costly litigation, including trial, and lengthy appeals. For all parties concerned, settlement is a desirable alternative."
Commissioners previously approved the settlement, 3-1, at a June 1 executive session. If the commission formally approves it Wednesday, it would be subject next to a judge's approval.
Those in the class include anyone cited in Hallandale Beach who paid their fines before July 1, 2010. They will be notified by the city.
Hallandale and ATS each would pay 30 percent of the total fines collected prior to July 1, 2010, $332,445 and $43,221 respectively.
"We're hoping to get some money back to the people who qualify," Weisser said. "They would only get a percentage, and it's up to the court to determine the exact percentage."
Weisser has 26 similar cases pending throughout the state. This would be the first to settle.
"I certainly think that it would be a good precedent for some of the other jurisdictions to settle as well," Weisser said.
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