Toledo denies any wrongdoing in response to class action lawsuit regarding red light cameras

TOLEDO — As multiple lawsuits involving Toledo's red light camera program move through the court system, the city has denied both any wrongdoing and the demand to pay back those who received tickets through the program. A class-action civil lawsuit was filed against the city in June in an attempt to get refunds for motorists who paid fines for traffic citations related to the use of cameras. "We're absolutely going to contest that suit," said Dale Emch, Toledo law director. In its response to the complaint, the city states that the plaintiff, a Franklin County resident who was fined through one of Toledo's traffic cameras, has not suffered any injury or damage, and if injury or damage did occur, it was because of the plaintiff's own negligent or unlawful actions. Additionally, the city states that the plaintiff, Sam Jodka of Dublin, Ohio, is not entitled to damages or relief, and requested that the lawsuit be dismissed with prejudice. Jodka received a traffic ticket from a handheld or mobile device dated Sept. 12, 2019, according to court records. He paid the fine, but his attorney, Andrew Mayle, previously said the appeal process is rigged and called the entire program a money-making scheme. Mayle said the next step is discovery, gathering information and evidence through depositions, part of which will determine whether the lawsuit can move forward as a class-action suit. "The goal of discovery would be to test (the city's) denials," he said. In this case, Mayle's focus is on getting restitution for those affected by the cameras. Ultimately, it could have an impact on tens of thousands of people, he said. The lawsuit came after the Ohio Supreme Court struck down Toledo's administrative-appeal process for the citations from the traffic-camera program. After the ruling was issued, the city suspended the traffic camera program and dismissed all pending administrative appeals to the tickets. A trial is scheduled for December 2021. The city is also suing the state for a law enacted last year that restricts the use of automated traffic-enforcement cameras. Lucas County Common Pleas Court Judge Myron Duhart previously issued a preliminary injunction to block enforcement of the law, and Emch said the city is seeking a permanent injunction. In that lawsuit, the city contends that the state is infringing on their home-rule, Emch said. Dayton filed a similar lawsuit against the state for its red light camera program. What Emch believes will happen, though, is that Toledo's suit against the state — or another city's suit against the state regarding traffic cameras — will ultimately be decided by the Ohio Supreme Court. "One city or the other is going to end up in the supreme court and ultimately the supreme court is going to have the final say on this," he said. Toledo police Chief George Kral said that losing a tool like the red light cameras would make it more difficult to ensure safe vehicular traffic within the city. "I'm really hoping the city prevails in this," he said. He declined to comment on the class action suit. Toledo Mayor Wade Kapszukiewicz defended the use of cameras and said it's not a "money-grab" but a way to keep people safe by enforcing speeding and reckless driving laws. "There is really a public safety component to this," he said. The mayor said he understands why people don't like the cameras but claimed there was a simple solution: don't speed, and don't drive through red lights. "For me, it comes down to the question of whether these cameras are good or not," he said. "I think they are." ——— ©2020 The Blade (Toledo, Ohio) Visit The Blade (Toledo, Ohio) at www.toledoblade.com Distributed by Tribune Content Agency, LLC.