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Traffic Camera Suit Could Force Cleveland To Refund Millions

POSTED: 7:51 pm EDT April 23, 2009
UPDATED: 8:10 pm EDT April 23, 2009

A class-action lawsuit filed on behalf of drivers ticketed by traffic cameras could end up costing the city of Cleveland millions of dollars.

In four years, flashes from red light and speed cameras across the city triggered tons of tickets and millions for the city of Cleveland.

The lawsuit claims the city needs to give some of that money back.

Attorney Craig Bashein said the city clearly violated its own law for years.

Leased or rented cars, the suit claims, should have gotten a free pass because of a loophole in Cleveland's law, in which only owners are responsible for violations.

Since you don't own a leased or rented vehicle, the suit claims about a third of those ticketed should not have been.

"It's well documented that the city was aware they weren't entitled to these funds and kept it anyways," Bashein said.

Now Bashein wants a full refund for non-owners. The city's law director disagrees.

"It's simply an identification of, 'ah, ah, there's a way for me to beat a traffic violation,'" said Law Director Robert Triozzi.

The 8th Circuit ruled against the city and Cleveland is appealing. Last month, City Council changed its language to remove the ambiguity.

Mayor Frank Jackson said he's not worried.

"Our law department is working on it, but we feel confident," Jackson said.

The questions remains whether the cash-strapped city could be forced to refund millions.

The fight is now headed to Ohio's Supreme Court. It may be many months before the latest challenge is decided.



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