Lacey named in lawsuit against traffic cameras

Roads: Fine for infractions caught by device are illegal, group says

BRIAN EVERSTINE; The News Tribune • Published June 26, 2009

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A group of Washington drivers has filed a lawsuit against 19 cities, including Lacey, saying that drivers were charged too much for traffic infractions caught by cameras.

The lawsuit, filed Wednesday in King County Superior Court, states the traffic infractions are illegal because state law requires infractions caught on camera to be less than or equal to parking tickets issued in the same jurisdiction.

The eight plaintiffs want refunds, damages and an injunction against cities from issuing similar infractions in the future.

The other cities named in the lawsuit are Tacoma, Auburn, Bonney Lake, Bremerton, Burien, Federal Way, Fife, Issaquah, Lake Forest Park, Lakewood, Lynnwood, Monroe, Moses Lake, Puyallup, Renton, SeaTac, Seattle and Spokane.

“No one ever said we weren’t allowed to charge that fine,” Bonney Lake Mayor Neil Johnson said. “We followed state law.”

Bonney Lake no longer has traffic cameras, but still is named in the lawsuit. The city began a revenue-neutral program in 2006 to keep speeds down in school zones. It worked, Johnson said, and the city got rid of the cameras, so the lawsuit came as a surprise.

“We did it just for safety,” he said. “Any revenue paid for the lights and signage we have up now.” But the suit alleges the cities issued excessive fines.

“Notwithstanding the language … and the intent of the Legislature, defendants routinely assess an amount greatly exceeding fines assessed for other parking infractions within each defendant’s jurisdiction,” the suit states. “Fines assessed using the cameras are usually the same as for a citation issued by a law enforcement officer for the same infraction.”

Lakewood Mayor Doug Richardson said his city followed the law as well. An example cited in the lawsuit said a resident was fined $101 for exceeding the speed limit in a school zone.

Infractions are automatically higher in a school zone and construction zone, as opposed to other streets, Richardson said.

Lakewood was one of the first cities to use traffic cameras when the program began in 2000. Since then it has been a success, Richardson said.

“Our cameras have done a good job of slowing down speed in school zones,” he said.

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