1851 Center for Constitutional Law Traffic Cameras are Unconstitutional

September 8, 2014

It is important for everyone to remember what the true issues are with traffic cameras. If we look at what the 1851 has presented to the Ohio Supreme Court, then we cut straight to the real issues.

The 1851 Center’s brief asserts the following:

  • Through the Ohio Constitution, citizens vested judicial power in the courts only. And Ohio cities’ hearing officers exercise “judicial power” when they determine whether Ohio drivers are liable for the violation.
  • While the Ohio Constitution permits the Ohio General Assembly to create additional judicial power, legislators have never created blanket authority for cities, or traffic-camera specific authority. Instead, they have indicated that all such violations must run through municipal courts.
  • The City of Toledo, like other Ohio cities, cannot create judicial power through local ordinances.
  • “Administrative” traffic camera enforcement violates Ohioans’ right to defend themselves before an elected judge, as well as their due process right to judicial oversight before deprivation of their vehicles.

This is the heart of the problem. Cities across the state can assert whatever other arguments they want to, but these are the true issues.

Read the entire article here.

The politicians in Cleveland think they can “create” judicial power by passing new laws. They all should know that this is in direct violation of the Ohio Constitution. If your local politician doesn’t know this, remember that factoid at election time.

 

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