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Randall D Kubosh AN OPEN LETTER

We have always contended that the Red light Intersection Cameras actually increase accidents and were never about safety, but only about revenue for the city. The cameras are nothing more than a tax on the people who drive th...rough the city. An analysis of the tickets written early on showed that the cameras were not producing enough revenue so the City shortened the timing of the yellow caution light by a fraction of a second at selected intersections and the City started issuing citations for right on red violation. In fact, the Houston Chronicle reported last May 2011, that 5 months after the light were turned off, accidents were down over 13%. This validated our belief that any true unbiased report will confirm that the red light intersection cameras increase accidents.

The Mayor told my brother Mike in City Council Chambers prior to the election, whenever we meet with her in the City of Houston Council Chambers, when the City Council voted to put the matter on the ballot in November, that she planned to beat us, fair and square. She was confident the citizens would stand with her and her support of the Red Light Intersection Cameras.

(Ban the CAMS NOTE:  I think we know the MAYOR HAD NO INTENTION OF EVER HONORING THE VOTERS BANNING RLC!  So much for the public "support" claims!)

After the November 2nd 2010 Election was held, the voters Against Prop # 3 won by 5% margin, 181, 082 voters in Houston made it clear. The Citizens of Houston decided they wanted the Red Light Cameras to GO. On November 15th, 2010 the City of Houston Canvassed the vote, making the election official and ordering the Red Light Camera Company, ATS, American Traffic Solutions to turn off the cameras.

In November, after the vote was canvassed, Mayor Parker instructed David Feldman, City Attorney, to file what we call “a friendly lawsuit” against the RLC company ATS in Federal Court to get a favorable venue. This lawsuit should have been filed in State District Court. I cannot imagine a State District Judge throwing out an election by the people and expect to be voted back into office the next election. Mayor Parker and David Feldman knew this, reason why they filed the case in Federal Court. The City and the RLC company, ATS are all wanting the same thing, the cameras to be turned back on. Another possible explanation why the City Houston initiated the suit, rather than the ATS, was to shield ATS from negative press. Consider this, the RLC company, ATS' Chief Legal Counsel is George Hittner, son of Federal Judge Hittner in the Federal Courthouse two blocks from City Hall, downtown. This is another explanation for why the City of Houston filed their lawsuit in Federal Court.

The city's lawsuit in Federal Court argued weak defenses, because they wanted to lose. ATS countersued the City and contested the November 2nd election. They did all this around the Thanksgiving Holidays hoping it would get little press. ATS and the City want the same thing, the red light cameras up and running writing tickets to citizens. We knew this and filed to intervene in the lawsuit and had a hearing in December of 2010. The city opposed our lawsuit to intervene because they knew we would argue good defenses to defend the vote of the people. Of course, as we expected, Judge Hughes did not grant our request to intervene and stated that we didn't have standing to intervene. If the ballot organizers don't have standing then no one does? The Judges ruling was void of law and was a totally political ruling.
We have filed to appeal Federal Judge Lynn Hughes denial of our intervention to the 5th Circuit Court of Appeals in New Orleans. We are awaiting the 5th Circuit’s decision whether we will be granted intervention into the lawsuit. If we are not granted intervention, we will appeal the ruling to the United States Supreme Court. If we are granted intervention, the ruling by Federal Judge Lynn Hughes throwing out the November 2nd Prop #3 election, will be over-ruled and we will have another trial on the matter where we will defend the November 2nd 2010 election.

Remember this, Federal Judge Hughes waited till the Texas Legislature had completed it 2011 session till he made his ruling. We predict this because he didn't want pushback by the State for throwing out the most basic freedom given to the citizens of Texas, the right to petition their government by gather signatures, hold an election to change their city government and that vote by the people matter.
What is more basic democracy than the citizens gathering petitions to place an issue on the ballot and to has a vote to let the citizens decide what they want.
What do we do now? We should call and email or local representatives in the Houston City Council and the Mayor to put the matter to a City Council Vote. An election is coming up and the citizens want to know where the members of the city Council stand. For turning the cameras back on or following the will of the people? I have provided you with the necessary information to do so below.
Houston Mayor and City Council contact information:
Mayor Annise Parker, 713-837-0311, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District A, Brenda Stardig, 832-393-3010, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District B, Jarvis Johnson, 832-393-3009, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District C, Anne Clutterbuck, 832-393-3004, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District D, Wanda Adams, 832-393-3001, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District E, Mike Sullivan, 832-393-3008, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District F, Al Hoang, 832-393-3002, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District G, Oliver Pennington, 832-393-3007, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District H, Ed Gonzalez, 832-393-3003, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council District I, James G. Rodriguez, 832-393-3011, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council At Large 1, Stephen C. Costello, 832-393-3014, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council At Large 2, Sue Lovell, 832-393-3013, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council At Large 3, Melissa Noriega, 832-393-3005, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council At Large 4, C.O. Bradford, 832-393-3012, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
City Council At Large 5, Jolanda Jones, 832-393-3006, This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Sincerely,
Randy Kubosh,
Petitioner to Intervene in the Federal Lawsuit between the City of Houston and the red light camera company ATS, American Traffic Solutions

Supplement: Just filed today in Federal Court Case 4:10-cv-04545 Document 88 Filed in TXSD on 07/07/11 Page 1 of 8, showing that the City of Houston failed to zealously defend Prop # 3. In Kubosh amici curiae brief to the court staes that the red light camera contract with the city is unenforceable against the city because the contract violates Texas Transportation Code §707.003(b). Kubosh now presents an argument that the City has never made: namely, that the City’s and ATS’ amendments and restatement of the Contract in 2009 makes the Contract unenforceable as a matter of Texas statutory law. A ruling that the ATS/City contract is void will enable the city to cease operating it’s Red light Camera systm without incurring contractual liability to ATS.See More

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