Red light cameras head to MO Supreme Court

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(KPLR) – The debate over whether or not speed cameras are legal appears to be headed for the Missouri Supreme Court.

Local attorney Gonzalo Fernandez, of the firm Devereaux, Stokes and Fernandez, spoke with Elliot Weiler about the latest rulings in this case and where it's now headed.

1 Comment

  • wrongonred

    Respectfully, this attorney is not very well informed of the current landscape. 4 Rulings have been issued invalidating these systems. 3 from the Eastern District Appellate Court (Unverferth v Florissant, Brunner v. Arnold, Edwards v. Ellisville, and Damon v City of Kansas City out of the Western District).

    The Moline Acres case relied on Edwards v Ellisville. The transfer applications to the Supreme Court have already been rejected by the Courts of Appeals (Damon 12/24/13, Ellisville 01/27/14, Arnold 01/31/14, and Florissant 10/22/13)

    That said, the only way these go to the Supreme Court now is if the Supreme Court themselves entertains a Writ of Certiorari in one of the aforementioned cases. The Plaintffs (Unverferth filed one appealing the lack of class certification I believe to allow a lawsuit to proceed, and writ in Damon was just filed 01/08/14 by ATS/ Kansas City, and writs have yet to be filed in Ellisville or Arnold yet. They have until this Friday (10 days from the transfer denial) to file in Ellisville and until next Monday to file in Arnold.)

    That said, the title of this segment is very misleading as only about 2% of cases where writs are requested are picked up, and in this case, you have multiple congruent rulings out of 2 of the 3 Appellate Districts, so there really is not an outstanding question of law which requires their review. Sure, the municipalities and private corporations who get rich from these might not like the answer they received from the Appellate Courts, but it is what it is, and they knew the risk when they began operating in conflict to Missouri Law. American Traffic Solutions was even told by their own legal counsel this was illegal for the very same grounds as the Appellate Courts found back in 2005, however, they disregarded their own legal counsel letting their greed get the best of them.

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