Posted on 11/29/2010 12:03:55 PM PST by a fool in paradise
Federal Judge Blocks Red Light Camera Removal in Houston, Texas
Houston, Texas city attorneys attempt to preserve red light camera program by throwing lawsuit filed with vendor.
A federal judge issued an order last Friday blocking the immediate removal of red light cameras from Houston, Texas intersections. On November 2, voters adopted an amendment to the city charter making photo tickets unenforceable, against the wishes of the Houston city council and the private vendor that operates the cameras, American Traffic Solutions (ATS). Over the Thanksgiving holiday, US District Court for the Southern District of Texas Judge Lynn N. Hughes worked out a deal with the city and ATS to preserve the cameras, for now.
"The city of Houston and American Traffic Solutions, Inc, will continue to collect the fines for the traffic violations that occurred through November 15, 2010," Hughes wrote in his order. "The cameras will not be removed during the pendency of the litigation."
Hughes had called a colloquy among lawyers for the city -- David Feldman and Hope Reh -- and the lawyers for ATS -- Andy Taylor and George Hittner -- on the day after Thanksgiving. Although the city technically filed suit against ATS, the city staff do not want to see the cameras removed any more than ATS does. The parties hashed out a compromise that happened to give ATS everything the firm wanted.
"ATS requests the court to preserve the status quo by enjoining the city from terminating the public safety program or otherwise implementing Proposition 3, pending an adjudication of these fundamental issues of law affecting not only these parties, but the general public at large," Taylor wrote in its brief to the court filed Wednesday.
The actions in Houston track what happened last year in the city of College Station after voters approved an anti-camera referendum. Attorneys for the city attempted to lose the lawsuit that ATS filed to overturn the result of the public vote. Ultimately, public pressure on elected officials forced the College Station cameras to come down, even though a local judge ruled against the vote. ATS is hoping it can win this time by arguing not only that voters have no right to overturn a city council decision through the charter amendment process, but that no power can take down the red light cameras.
"Both the US Constitution and the Texas Constitution prohibit legislation impairing the obligation of contracts," Taylor wrote. "The purported charter amendment cannot validly be upheld if doing so would in any way impair the city's ability to fulfill its pre-existing contractual obligations to ATS."
Those obligations are iron clad, ATS argued, thanks to the city's own actions. The firm pointed out that Houston did have a contract provision that would have allowed a "termination for convenience" without financial penalty. Just three days before this provision would have taken effect, the city signed a new agreement with no termination provision in an attempt to avoid a proposed ban on new red light camera contracts, House Bill 300, that passed in the state House but was blocked in the Senate.
"The city, fearful of HB300, did not want to be forced to terminate the agreement upon the passage of a new state law and therefore, removed the termination provisions of the agreement entirely by clearly stating in the amendment that it 'remains in effect until May 27, 2014,'" Taylor explained. "The city also removed 'unless sooner terminated under this agreement' phrase that appeared in the original agreement. Had the city intended to keep its termination options available to it, it could have easily done so."
Judge Hughes has set a Friday hearing for arguments in the case.
Won’t happen. Most of the local media (one daily newspaper, one 24-7 news station, and 3 alphabet networks) side with the downtown business establishment democrats.
The city has conspired against the citizenry.
I still want to know all family ties between the lobbyists, politicians, and corporations involved. There was a multistate lobbying corruption case that went all the way to Mayor Lee P. Brown’s personal aide.
Follow the money. It’s clear there has been conspiracy to keep the cameras up, it’s unclear whether it is criminal.
This is not just about cameras. This is about Houston city government that spends more energy and finance on doing whatever the hell they WANT to do rather than what the voters demand they do or prohibit them from doing.
The only way to turn back the tide of tyranny in this country is, unfortunately, a revolution.
Think of the movie Swordfish at the local level, all the way to the global level. It will have to be an underground operation supported by ordinary people. Flame away.
Told you.
I’ve been thinking that perhaps that is the next step.
Seriously? Suppose he refused? What then? Are they going to impeach him? How do they enforce his "choice"?
Just get 250 yds away and put a .233 through the box.
How do they enforce his “Choice” if it goes against them is what I meant.
223 oops
Yup - a used tire and 1/2 gallon of gasoline will fix just about anything!...red
And the sheeple just accepted it bitch for a day & moved on. I doubt that there is anything that true Americans can do to not see a total takeover by the left. Don't count out Big Ears to not win again in 2012. The PTB will set it up to split the conservative vote & w/o any fraud protection, which the worthless (R)s won't attack....well, we are screwed.
More evidence of the infantile attitude of the public: they want to be able to do anything they want. It is the true “triumph of the will”: the ego-first attitude of modern Americans. This is not the genuine spirit of Liberty.
So I run a red light? I wanted to, and no one should tell me I can’t, or even watch what I am doing. Too bad if I should hit anyone, because my will comes first.
I should also be able to marry anyone I wish, even perhaps an animal; and take marijuana or anything else, and go anywhere I want; steal confidential information including government secrets; never be thoroughly checked at an airport; and never have anyone else criticize me (lest I be “offended”). All my “rights” should be absolute, and my responsibilities removed or forgotten.
This would add up to an ideal paradise for immature-minded marshmellows in a world with no threats, and all desires provided by endless debt.
Unfortunately, we live in a world of hungry beasts, where regimes made for coddling infants will get devoured alive.
See my post 32. Great minds and all that...
That’s great. Shave the heads of 1000 matches and let her rip.
Kickback’s anyone ?
Yeah, peons, ya think ya vote counts in referendums like this.
It don’t.
Just because voters pass a ballot measure doesn’t mean that it should be implemented.
Geez, it’s bad enough at the federal and state level, but in city government it’s almost impossible to tell who’s wearing the black hats and who’s wearing the white hats. Nevertheless, if CHANGE is going to come to America it has to start at the grass roots, with the cities and counties.
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