Posted on 02/16/2011 1:59:14 PM PST by Ken H
Red light camera company sues Baytown, Texas over results of anti-camera referendum.
Traffic camera vendor American Traffic Solutions showed no municipal love as it filed a breach of contract suit against Baytown, Texas on Monday. The St. Valentine's Day complaint accused the city of failing to approve the mailing of an expected number of red light camera citations generated by the company.
According to court filings, ATS generated 2420 tickets in November 2010, and the city accepted all but 425 -- an 82 percent approval rate. The next month, ATS generated 2837 tickets, but the city only approved 587 -- a 21 percent rate. By January, the city had only approved two tickets.
ATS insists that failure to allow the mailing of tickets constitutes material breach of a contract binding through the year 2019. For its part, the city is unable to approve any tickets because voters approved a referendum in November prohibiting the use of red light cameras unless a police officer is present to witness any alleged offense. ATS has refused to acknowledge this public vote.
"As you know, the entire purpose of the program is to automate the detection of red light runners without the necessity of relying upon personal observation by a peace officer," ATS lawyer Andy Taylor wrote. "That is why the agreement involves the city's use of the Axsis system 'only for the purpose of detecting a violation or a suspected violation of a traffic-control signal.' By changing the program to require personal observation of red light running by a peace officer, the city has unilaterally breached the material terms of the agreement."
The city countered that ATS is not entitled to any compensation because the company has breached the contract.
"On November 15, 2010, the voters of the city of Baytown, through the initiative process, enacted an ordinance which altered the law regarding automated red light enforcement systems," interim City Manager Robert D. Leiper wrote. "According to the new law, a peace officer must witness the violation in order for a civil penalty to be assessed. This new requirement imposed by law does not eliminate the automated red light traffic enforcement system in Baytown but merely adds another step which must be satisfied for notices of violations to be issued. ATS agreed in Section 12 of the agreement that it 'shall at all times comply with... all local laws, ordinances and regulations...' but has failed to date to comply with this new law."
To add insult to injury, Baytown sent ATS a bill on January 25 demanding $4946 to cover the firm's share of the cost of red light camera ticket refunds. ATS turned to a Harris County judge to ask for a trial that would settle whether the company can recover the full amount of its investment in the Baytown program. Byron Schirmbeck, who led the initiative petition effort as director of saferbaytown.com, says this case is proof that the camera program has always been about the money, not safety.
"I sincerely hope that any city considering entering into a contract with a photo enforcement corporation contacts the city of Baytown to see what kind of headache they will be facing if they decide to get in bed with this organization, and then the cameras are forced out with a vote," Schirmbeck told TheNewspaper. "The profits you make won't be worth it."
Either the town eats it or this is the beginning of the end to Camera tickets.
The system is wrong anyway. No way to face your accuser.
American Traffic Solutions vs. Baytown.
Baytown vs. American Traffic Solutions.
I don’t know which (bleep) to root for or against.
Mostly Baytown I guess. For getting involved with these (bleep) wipes in the first place.
Out here in the country, people just shoot signs they don’t like...I’d imagine that traffic cameras would suffer the same fate.
Several Texas cities (Lubbock, College Station, Austin) have stopped the red light camera scam. It finally dawned on those sharper citizens that the camera companies were taking 2/3 of the $75 fines.
Freedom wins again!
Yes, the cities are learning that along with their smaller “cut”, they also receive ALL of the scorn.
Just to confirm - The City installed these cameras for “profit” and not for safety. The truth is evident. This is just a little observation for those fighting red light camera tickets.......... Good luck
Just to confirm - The City installed these cameras for “profit” and not for safety. The truth is evident. This is just a little observation for those fighting red light camera tickets.......... Good luck
I thought Houston was still on the fence due to a similar lawsuit (or threat of one).
Baytown (near Houston) PING
Also Texas Red Light litigation
That’s hilarious. I think the whole red light camera ticket system is like a circular firing squad.
You have a government body ripping money off from mostly private sector citizens, skimming some money from the top, and forwarding the rest to some more private sector citizens running the equipment maker.
Its like some jackA$$ run ponzi scheme.
Who’s cousin was it who got the contract on these cameras anyway?
Cities should have BOUGHT the equipment. Next thing you know they will be leasing the fleet of police cars.
The cameras may still be up there and they may still be taking photos but I understand that no tickets are being issued. Just what I heard.
The woman I saw get hit yesterday was nuts to run the light like she did.
The proponents say it doesn't apply because it is a civil (not criminal) matter.
These machines presume guilt and you have to prove you're innocent.
Red light cameras need to burn in hell.
Full disclosure: I've never received a red light ticket... and my last moving violation (speeding) was in '89.
If ATS loses that suit a lot of places that would like out of their agreements will follow. People don’t like these setups or the fact the company takes a big chunk of the fines.
Studies show that accidents increase at intersections after red-light cameras are installed...
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