“As plaintiff correctly points out in their opposition to defendant’s motion, the court contemplated the facts of the Walker case within its March 11, 2014 decision, yet found they did not alter the court’s decision in this case,” Oster wrote, concurring with Sage’s due process concerns.
New Miami’s attorney also asked Oster to reconsider Sage’s decision certifying the case as a class action, because of the large number of people who were caught on camera. The village already appealed this issue to the 12th District Court of Appeals and that court sent the decision back to Sage, asking him to more clearly enunciate his reasons for establishing the class, which he did his last day at work. Oster denied the reconsideration request.
Village attorney Wilson Weisenfelder said they have not decided yet whether to appeal the latest round of rulings, but the only thing they can appeal again at this point is the class certification.
“It’s not a final appealable order,” Weisenfelder said. “To make it a final appealable order, all of the issues have to be resolved, which would include essentially the damages.”
When Sage decided the cameras were illegal and stopped their use last March, he put on hold the decision as to whether the village must repay drivers the $95 ticket, pending the high court decision in Walker. Before he left the bench, Sage said it could be some time before drivers are made whole, since the higher courts will eventually have to decide whether he is correct in his unconstitutional assertions.
One of the plaintiffs attorneys, Charlie H. Rittgers, said he fully expects Weisenfelder to appeal Sage’s reasoning for certifying the class, and eventually, the higher courts will be asked to rule on the constitutionality question.
“I hardly think it’s going to be a big hurdle for us to jump, in order to prove it’s facially unconstitutional, because it denies the motorists their due process rights,” he said.
During an administrative hearing, which New Miami was using, drivers are not entitled to call witnesses and evidence, civil procedure and traffic rules don’t apply, which the plaintiffs and the judges say violate due process protections.
The speed cameras were installed in 2012 and after 15 months in operation, the village collected about $1.8 million on 44,993 citations.
Village officials used the new found funds to give out raises, upgrade vehicles and pick up the tab for health insurance for employees, spending roughly $430,000 more from 2012 to 2013. The village put the brakes on spending last year, slashing $825,000 out of the 2014 budget.
The village budget last year was $1.7 million, and this year it dropped down to $1.5 million with revenues only expected to reach $1.1 million. Fiscal Officer Belinda Ricketts said the village has a $2.16 million cash balance for all funds.
Village Solicitor Dennis Adams said if the order eventually comes to pay back the money, it won’t be in one lump sum.
“We have the ability to pay pursuant to the Ohio Revised Code, over time,” Adams said, adding the time period is 10 years.
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