Toledo to file new lawsuit in continuing legal battle on traffic cameras
In a legal battle between the state and the City of Toledo, the Ohio Supreme Court decided Toledo will have to file a new lawsuit if it wants to see restrictions changed on traffic cameras.
This comes after lower courts ruled the General Assembly was wrong in restrictions placed on cities with red light cameras.
Attorney Joe McNamara has been hard at work on this case fighting for Toledo.
"The Ohio Supreme Court has already ruled, in a separate case, that legislation the General Assembly passed was unconstitutional. This legislation is completely related to that. It literally incorporates unconstitutional provisions of a former bill into this law."
The legal battle over traffic cameras has had its ups and downs for Toledo.
Last year, the Ohio Supreme Court ruled in favor of Toledo, saying an officer did not have to be present to write a ticket.
However, with new legislation, it is now required for cities with traffic cameras to report their revenue received from the technology. The state will then subtract that amount from what it gives to the city.
McNamara believes it's unconstitutional for the General Assembly to step in.
"The Ohio Constitution says that locally elected representatives have the ability for what's best for their communities."
Toledo has "municipal home rule." This means any law passed that interferes with local government. does not apply to them, unless the Ohio Constitution states otherwise.
"The city of Toledo is standing up for home rule and standing up for the Ohio Constitution. The Ohio Supreme Court said 'OK, Toledo, you have to file a new lawsuit.' That's what we're going to do."
As far as a new lawsuit, the city will review what's best, and no time table has been set at this time.
"We still have to figure out what relief we're going to be asking from the trial court and how quickly we're going to ask for it."
Once the lawsuit is filed, Toledo will again go through the Common Pleas Court prior to the Ohio Supreme Court.