Dayton could appeal following red light camera ruling

Ohio’s 2nd District Court of Appeals Friday ruled against the city of Dayton in its quest to continue use of red light traffic cameras without an officer present, but this isn’t likely the end of the fight.

The city had sued the state of Ohio after it banned red light and speed camera ticketing without officers present earlier this year.

The city of Dayton could appeal the ruling to the Ohio Supreme Court, and an appeal seems almost certain.

Dayton Mayor Nan Whaley said the city is awaiting similar court cases in Lucas and Summit counties before making a decision to appeal the case. The cities of Akron and Toledo also challenged the state in courts of appeals.

Whaley added that the city will continue to staff a select number of cameras with officers from time to time.

“This is just one step in this controversy,” she said of the ruling. “The roads are less safe because of the state legislature’s action.”

She said that just in the past month, with word that the city would not be ticketing at all the cameras, violations jumped. The cameras, even when not issuing tickets, are still rolling to record violations.

Red light violations spiked by 107 percent compared to the previous month, going from more than 1,000 in June to above 2,000 in July around the city. Speed violations rose 27 percent.

In March, the city of Dayton reactivated its red light and speed traffic cameras just hours after turning them off to comply with the new state law. The city acted following an injunction issued by a Lucas County judge in response to a city of Toledo lawsuit to keep the cameras ticketing. The Montgomery County Court of Common Pleas weighed in on April 2, issuing an injunction that said the state’s ticket camera restrictions were unenforceable.

According to a state law passed last year, the cameras were supposed to be barred from issuing traffic tickets unless a police officer was on the scene. Lucas County Judge Dean Mandro granted Toledo’s request for a temporary injunction.

The cities say that their home rule authority gives them the right to use the cameras. Dayton, with more than 30 traffic cameras, saw $1.7 million in more revenue.

Nationwide 469 communities have red light violation cameras and 137 have speed cameras. Locally, other communities with traffic cameras are Hamilton and Middletown.

We have a reporter on this story and will bring you the latest as it develops.