Judge rules Akron speed cameras constitutional By John Higgins
Beacon Journal staff writer
POSTED: 03:04 p.m. EST, Dec 09, 2008
A federal judge has ruled that Akron's automated camera system to catch speeders in school zones does not violate the U.S. Constitution.
U.S. District Judge David D. Dowd Jr. has ruled that the system, which issues a fine to the owner of a car photographed speeding in a school zone, is a civil case rather than criminal in nature.
Therefore, the owners of cars who are fined for speeding in school zones are not entitled to the constitutional protections that would apply if they were charged with a crime.
Akron attorney Warner Mendenhall, who filed the lawsuit on behalf of his wife, Kelly, said he will appeal the decision to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.
Akron's program was implemented after the 2005 death of 10-year-old Tony Swain, who was walking to school when he was killed by a speeding hit-skip driver after he pushed his 7-year-old sister out of the way.
The Akron Police Department's traffic bureau reports a more than 20 percent drop in the number of tickets written since the school zone speed cameras were first employed.
Akron now deploys four portable cameras in school zones daily, according to city spokesman Mark Williamson.
John Higgins can be reached at 330-996-3792 or jhiggins@thebeaconjournal.com. A federal judge has ruled that Akron's automated camera system to catch speeders in school zones does not violate the U.S. Constitution.
U.S. District Judge David D. Dowd Jr. has ruled that the system, which issues a fine to the owner of a car photographed speeding in a school zone, is a civil case rather than criminal in nature.
Therefore, the owners of cars who are fined for speeding in school zones are not entitled to the constitutional protections that would apply if they were charged with a crime.
Akron attorney Warner Mendenhall, who filed the lawsuit on behalf of his wife, Kelly, said he will appeal the decision to the U.S. Court of Appeals for the Sixth Circuit in Cincinnati.
Akron's program was implemented after the 2005 death of 10-year-old Tony Swain, who was walking to school when he was killed by a speeding hit-skip driver after he pushed his 7-year-old sister out of the way.
The Akron Police Department's traffic bureau reports a more than 20 percent drop in the number of tickets written since the school zone speed cameras were first employed.
Akron now deploys four portable cameras in school zones daily, according to city spokesman Mark Williamson.
John Higgins can be reached at 330-996-3792 or jhiggins@thebeaconjournal.com.
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