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Red light camera ruling expected Friday

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By Thomas Geyer | Thursday, August 28, 2008 6:03 PM CDT | () comments

Iowa Supreme Court ruling on Davenport’s speed and red light cameras expected Friday

The Iowa Supreme Court is expected to issue a ruling today regarding Davenport’s automated speed cameras and red light cameras.

Two cases are being considered by Iowa’s highest court.

The first is the City of Davenport vs. Seymour, in which it is being argued that the city’s automated traffic enforcement ordinance imposes liability on an owner instead of an operator of a speeding automobile and that the ordinance conflicts with the provisions of Iowa Code, which places the burden upon the state to prove that the operator, not simply the owner, exceeded the speed limit.

The second case is Rhoden vs. Davenport Civil Rights Commission, in which the the district court ruled in its finding, in part, that Davenport’s automated traffic enforcement ordinance was pre-empted by state law. The city is arguing that the district court erred by granting a plaintiffs’ motion against the automated traffic enforcement for summary judgment and denying the city’s motion to dismiss. The city also argues that the district court erred in allowing the case to be declared a class-action suit and in ordering a refund in fines and costs.

Davenport attorney Dick Davidson has argued against the city’s position throughout the process, putting in 296 hours of work.

“I never predict how a court’s going to rule,” Davidson said.

If the court rules against the city, people who paid the fines from the automated traffic enforcement devices could be eligible for a refund.