Judge rules speed, red light cameras violate Iowa state law

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By Dustin Lemmon | Tuesday, January 02, 2007 | 171 comment(s)

TODAY: (Updated 3:04 p.m.) A local judge has ruled that Davenport’s speed and red light cameras violate state law and has ruled in favor of two people who filed suit against the city.

(COURT RULING: View the document here.)

The ruling was issued this afternoon by District Court Judge Gary McKenrick, who agreed with the plaintiffs’ argument that the city doesn’t have the authority to adopt an ordinance that conflicts with the state motor vehicle code.

Richard Davidson, one of the attorneys representing the plaintiffs, said the fact that the ordinance imposes a civil infraction against the owner of the car conflicts with the state motor vehicle code.

Davidson said he plans to file a motion in coming weeks to make the case a class-action suit, which if approved by a judge could refund everyone who has received a ticket from the cameras. He estimates that 14,000 people have received a ticket based on violations recorded by the cameras.

“It looks pretty good for people getting a refund,” he said.

The speed cameras were first introduced in January 2006 and the red light cameras in 2004.

Davenport Police Chief Mike Bladel said he expects the city’s legal staff to review the ruling and re-examine the city ordinance. He said an appeal is likely.

“The fact is these cameras are widespread throughout the country, and throughout the world for that matter,” Bladel said. “So it’s hard for me to believe that this thing is over.”

Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com