(Ban the Cams note:   We mentioned in a earlier post the ATS contract "clause' on suing to deny democracy.  We are including this for a update on the issue).

http://www.thenewstribune.com/2011/05/28/1683274/bellingham-traffic-camera-contract.html

Bellingham traffic camera contract opens door to lawsuit against repeal intiative

JARED PABEN; THE BELLINGHAM HERALD
Published: 05/28/1112:11 am

 .BELLINGHAM - If a citywide anti-traffic camera initiative passes, Bellingham can't cancel its contract with American Traffic Solutions until the company gets a chance to file a lawsuit challenging the initiative.

But it can suspend the program - halting ticketing of drivers and payments for the cameras - while the lawsuit is pending.

That's according to a clause in the contract between city government and the Arizona-based company. The Bellingham Herald obtained a copy of the contract, dated May 6, through a public disclosure request.

"They basically just hired a bully to come get us," said Johnny Weaver, who is backing the initiative. Mayor Dan Pike said he's keeping his pledge to not use city resources to fight the initiative.

In Mukilteo, ATS gave money to a group that filed a lawsuit against an anti-camera initiative. And an ATS vice president wrote emails discussing suing over the Bellingham initiative.

The four red-light cameras at intersections and speed cameras in two school zones are expected to be installed and running in about four months, said Bellingham Police Lt. Scott Snider.

Weaver is part of the Transportation Safety Coalition, a group gathering signatures for an initiative that would remove the cameras and prohibit re-installing them unless voters approve. It also would limit penalties under the program to the same amount as the lowest parking ticket fine, $10.

As currently proposed, red-light runners or those going 5 to 9 mph over the speed limit in a school zone would pay a $124 fine. For 10 mph and faster in a school zone, the fine would be $250.

Under current law, when a police officer issues a ticket directly to a driver for speeding in a school zone, the fines are $189 for up to 5 mph over the speed limit and $210 for driving 6-10 mph over the limit.

In a statement, the coalition said the city is using "a sneaky trick politicians often use to dodge accountability."

"Multiple times Bellingham politicians publicly claimed they would not interfere with our initiative and respect the will of the people they serve," the statement said. "By signing a contract with ATS that allows for the multi-million dollar corporation to bully the people's right to petition their government in court, they effectively 'let it happen on purpose.'"

Pike said the city can't deny anyone's right to go to court, including that of ATS and camera opponents.

"I continue to believe that charging violators rather than taxpayers for the cost of enforcement is the fiscally responsible approach in these times," Pike said. "I also will state again that I understand people of good integrity can disagree on issues like this, and if the initiative is filed and passes at the polls, I will abide that result."

The city could still cancel the contract after the first year. Under the three-year contract, the first year would be a pilot program, and the City Council could decide to end the program after the pilot year.

The coalition is still gathering signatures; it needs at least 3,880 valid signatures by June 24 to put the initiative to a public vote.

Weaver doesn't know exactly how many signatures are left to get.

"We still need to collect a lot of signatures, but we are on track," he said.

ATS INVOLVEMENT

Emails obtained by camera opponents through a public disclosure request show ATS Vice President of Business Development Bill Kroske discussed having ATS sue to block the initiative.

"Can you give me the status of the Bellingham contract?" he wrote on Feb. 1 to Bellingham Police. "I ask because it affects the role that ATS can play in filing suit to invalidate the initiative. If we can get the Agreement complete we would like to include you. If your attorney would like to talk to our WA attorney, shoot me a request."

The response from Snider was: "I have forwarded your email to our legal rep at the city. Sorry for the delay."

Kroske was later indefinitely suspended by ATS after The Daily Herald of Everett reported he was posing as local residents from different cities when commenting on online stories. He would advocate for the traffic cameras and went by the screen name "W Howard," the paper reported.

The paper reported that ATS previously spent money in support of a group called Mukilteo Citizens for Simple Government. That group filed a lawsuit challenging a Tim Eyman-backed anti-camera initiative in Mukilteo. State Public Disclosure Commission records showed they paid $23,500 to the campaign.

YELLOW LIGHTS

Camera opponents say the city will be tempted to shorten yellow traffic signals to get more red-light camera violators, thus making intersections more dangerous. The city says it won't change signal timing.

According to the May 6 contract between the city and American Traffic Solutions, no company technician may enter a traffic signal cabinet without the presence of a city technician. It also states "only city traffic signal technicians will perform the wiring connections within the traffic signal cabinet to accomplish the red light camera installation."

CAMERA LOCATIONS

Bellingham plans to install the red-light cameras at the following locations:

• Westbound East Holly Street and Forest Street.

• Northbound Ellis Street at Lakeway Drive.

• Northbound Meridian Street at Telegraph Road.

• Southbound Samish Way at 36th Street.

The city plans to install speed cameras in the following school zones:

• Northwest Avenue between West Maplewood and Alderwood avenues.

• Alabama Street between Michigan and Woburn streets.

For the first month, police will only issue warnings to violators, but they'll begin issuing citations after that. Lt. Scott Snider at Bellingham Police Department said the city will not pay the monthly lease to ATS during the 30-day warning period.

--------------------------------------------------------------------------------

OPPONENT, CITY INFO

• To see more on the Transportation Safety Coalition initiative effort, go to this Bancams.com web page.

• To see more on the city's proposed program, go to this Cob.org webpage.

Bellingham Herald reported this story at www.bellinghamherald.com

Read more: http://www.thenewstribune.com/2011/05/28/1683274/bellingham-traffic-camera-contract.html#ixzz1NeX8G6Du

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