ICYMI: Last week's 4-3 ruling likely brings an end to a case filed more than 13 years ago, before Cleveland residents voted in 2014 to shut down the city’s traffic-camera program altogether.
Under that program, only the owners of vehicles were liable to pay tickets for red-light violations or speeding caught by the cameras, installed at major intersections around the city.
But, writing for the court, Chief Justice-elect Sharon Kennedy held that because the plaintiffs paid the fines without contesting them via an administrative appeals process or in court, they couldn’t file a subsequent lawsuit challenging their tickets. Departing Chief Justice Maureen O’Connor, a Republican, dissented in an opinion joined by Democratic Justices Michael Donnelly and Jennifer Brunner.
“Thus, according to the lead opinion, the only path available to appellees ... was for appellees to subject themselves to an expensive and lengthy legal process while receiving threats about the validity of their legal actions, threats of increased penalties, and negative hits to their credit scores,” O’Connor wrote. “This is hardly an example of a ‘fair adversary proceeding.’”
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