Thanks to www.stpetecameras.org for the link!

http://www.bellinghamherald.com/2011/10/07/2218720/bellingham-traffic-camera-foes.html

Bellingham traffic camera foes back in court
JOHN STARK - THE BELLINGHAM HERALD
 

Traffic enforcement camera foes are not giving up the legal battle over a November initiative asking voters to decide whether the city of Bellingham should install the cameras under the terms of a contract with American Traffic Solutions.

Earlier this year, that legal battle appeared to have ended in a draw: The Washington Court of Appeals ruled that the initiative could stay on the ballot, but it would not be legally binding on the city.

An ATS attorney had asked the court to remove the initiative from the ballot because it exceeded the limits of the initiative power, while initiative backers had hoped that the appeals court would uphold an earlier ruling from Whatcom County Superior Court Judge Ira Uhrig in their favor.

      Instead, the appeals court ruled that because the initiative was not legally binding, a public vote on it could not harm ATS, and the firm was therefore not entitled to an injunction ordering Whatcom County Auditor Shirley Forslof to remove it from the ballot.

At this point, it's too late to get the initiative off the ballot.

In a legal brief, attorney Stephen Pidgeon argues that the Appeals Court ruling is not consistent, and asks the state's highest court to resolve what he argues is a contradiction. He asks that court to reconsider the legal validity of the initiative, as well as Uhrig's order that ATS pay initiative backers' legal costs.

In an email message, initiative backer Tim Eyman said he expected victory.

"We will know in 30 days whether the State Supreme Court will accept review of the case, but given the goofiness of (the Appeals Court) ruling, I'm confident the high court will take the case to clean up the muddled mess the Appeals Court created," Eyman said. "When Bellingham voters reject ticketing cameras in November, their vote should count."

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