Last week, an Ohio judge in Hamilton County entered an order holding that the Village of Elmwood’s “Automated Speed Enforcement Program” violated an individual’s due process rights and granted a permanent injunction prohibiting further enforcement of the ordinance. The entire order can be found here.
The court order highlights the fact that the ordinance fails to allow the driver of the vehicle any opportunity to defend against the purported violation. Instead, the Village issues approximately 115 violations per day, each carrying a fine of $105. To even contest the citation, the recipient must pay $25 to have a hearing before a Village hearing officer, a process the court order calls a “sham.”
This order correctly enjoins the Village from violating drivers’ constitutional rights in order to generate revenue for itself and the speed camera company. We expect to see a lot more of these orders in jurisdictions nationwide!
