https://www.americancityandcounty.com/wp-content/themes/acc_child/assets/images/logo/footer-logo.png
  • Home
  • Co-op Solutions
  • Commentaries
  • News
  • In-Depth
  • Multimedia
    • Back
    • Podcast
  • Resources
    • Back
    • Resources
    • Webinars
    • White Papers
    • Events
    • How to Contribute
    • Municipal Cost Index – Archive
    • Equipment Watch Page
    • American City & County Awards
  • Magazine
    • Back
    • Digital Editions
    • Reprints & Reuse
    • Advertise
  • About Us
    • Back
    • About Us
    • Contact Us
    • Privacy Statement
    • Terms of Service
American City and County
  • NEWSLETTER
  • Home
  • Co-op Solutions
  • Commentaries
  • News
  • In-Depth
  • Multimedia
    • Back
    • Podcasts
  • Resources
    • Back
    • Webinars
    • White Papers
    • Events
    • How to Contribute
    • American City & County Awards
    • Municipal Cost Index
    • Equipment Watch Page
  • Magazine
    • Back
    • Digital Editions
    • Reprints & Reuse
    • Subscribe to GovPro
    • Manage GovPro Subscription
    • Advertise
  • About Us
    • Back
    • About Us
    • Contact Us
    • Cookie Policy
    • Privacy Stament
    • Terms of Service
  • newsletter
  • Administration
  • Economy & Finance
  • Procurement
  • Public Safety
  • Public Works & Utilities
  • Smart Cities & Technology
acc.com

Commentaries


Commentary

Does constitutional substantive due process protection apply to camera enforcement?

Does constitutional substantive due process protection apply to camera enforcement?

Mark Mulholland, a partner at Ruskin Moscou Faltischek, P.C., discusses the constitutionality of camera enforcement.
  • Written by contributor
  • 22nd April 2015

By Mark S. Mulholland

A due process lawsuit, which was filed against a New York county traffic enforcement agency by a plaintiff who had received a violation ticket generated by a red light camera was recently dismissed in its entirety by the Eastern District of the United States District Court.

Over the last few years, municipalities across the country have increasingly utilized camera enforcement of red light, failure to stop, or speeding violations.  Typical arguments raised against these programs in community forums or the media center around a debate of ‘safety versus revenue.’  Those implementing the program point to studies that show a reduction in accidents as the result of increased camera enforcement; while those opposing (who most often are the recipients of a recent ticket) will decry the measure as a push for increased revenue.

Setting aside the safety versus revenue argument, others have claimed that camera enforcement is a violation of constitutional rights and due process. Such was the argument in a United States Eastern District Court case.

The plaintiff, who received a red light camera violation from the Nassau County Traffic and Parking Violations Agency and paid the $65 fine and surcharge without contest, filed suit claiming violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as the New York State constitution.

Substantive Due Process protection under the US Constitution has long been interpreted to apply to a narrow band of the most fundamental of human rights – such as marriage, family, procreation, bodily integrity – and courts have consistently resisted attempts to expand the definition of substantive due process.

In dismissing the suit, Justice Arthur D. Spatt concurred with the defendant’s arguments that the plaintiff’s claims did not rise to the level of substantive due process under the federal and state constitutions.

In short, the right to be free from a $65 red light ticket does not fall under those very specific and fundamental rights protected by the U.S. Constitution and substantive due process.

Ticket recipients, such as the one who filed this suit, may also pursue other arguments. Here the suit also included a claim for ‘unjust enrichment,’ based on non-specific, anecdotal allegations that the timing of yellow lights may have been decreased in order to increase the number of violations. This claim was found to be without substantiation, and as it was duplicative of the faulty due process argument, was dismissed.

Also dismissed was the claim for declaratory judgment and an order to enjoin the operation of an expansive red light camera program in Nassau County, a large, suburban county on Long Island with a population of 1.3 million.

It is likely that many motorists who receive a violation from an enforcement camera wonder if their constitutional their rights have been infringed.  To keep these programs in place, municipalities need to be prepared for the inevitable citizen-crusader lawsuit.

Mark Mulholland is a partner at Ruskin Moscou Faltischek, P.C. (Uniondale, N.Y.) and senior member of the practice’s litigation group, with wide experience and success in municipal matters. For more than 45 years, Ruskin Moscou Faltischek, a sixty member professional firm, has built a reputation as one of the region’s leading providers of innovative legal services in all major practice areas of the law, including corporate and securities, financial services, commercial litigation, digital media, energy, intellectual property, health care, real estate, employment and trusts and estates.

Tags: Public Safety Commentaries Commentary

Related


  • Florida county announces successful test of Motorola Solutions’ cloud-based P25 core technology
    A Florida county recently announced the completion of a successful test of Motorola Solutions’ CirrusCentral Core, the cloud-based secondary core for ASTRO 25 P25 systems that is designed to provide redundant reliability to the land-mobile-radio (LMR) network without the costs associated with a physical secondary core site. In Sumter County, Fla., the absence of a […]
  • D.C. police begin identifying Capitol rioters
    Washington, D.C.’s Metropolitan Police Department (MPD) is working with the Federal Bureau of Investigation (FBI) to identify the supporters of President Donald Trump who stormed the U.S. Capitol on Jan. 6. “MPD seeks assistance in identifying persons of interest responsible for Unlawful Entry offenses that occurred yesterday on US Capitol Grounds, 100 block of 1st […]
  • FirstNet Authority releases new details about impact of Nashville explosion on broadband system
    Public-safety subscribers to FirstNet responding to the Dec. 25 massive explosion near the AT&T network hub in Nashville experienced a four-hour outage when some services were not rerouted prior to deployable cell sites becoming operational at the scene, according to a FirstNet Authority blog. Released Friday evening, the FirstNet Authority blog reiterated several facts previously […]
  • Looking ahead: What 2021 will bring to public safety
    Most agree that 2020 was a year no one could have predicted. However, the shaping forces that took hold during the year—the pandemic, civil unrest and an increase in natural disasters, to name a few —will continue to influence the world in 2021 and beyond. Among the industries most likely to feel the lasting effects […]

Related Content

  • Colorado county refuses to enforce state orders as COVID-19 level increases
  • Public safety transitioning to LTE-based solutions, but PTT timetable still unclear, speakers say
  • Hamilton County elects first female, openly gay sheriff
  • Ransom payment no guarantee against doxxing

Twitter


AmerCityCounty

The latest episode The Young Leaders Podcast focuses on Cyril Jefferson. Cyril is the youngest African American to… twitter.com/i/web/status/1…

27th October 2020
AmerCityCounty

Hillsboro, Oregon is pioneering a new #renewableenergy generation technology through a partnership with… twitter.com/i/web/status/1…

27th October 2020
AmerCityCounty

The impact of the #COVID19 pandemic on #telework was swift and profound. Now, the big question is whether – and to… twitter.com/i/web/status/1…

26th October 2020
AmerCityCounty

Get ready for the can't-miss webinar on how to kickstart your efficiency improvement plan with Luke Anderson of… twitter.com/i/web/status/1…

26th October 2020
AmerCityCounty

Among all states headed into the 2020 general election, which ones have voting populations that are the most demogr… twitter.com/i/web/status/1…

26th October 2020
AmerCityCounty

We want to hear from you! Share your thoughts in our readership survey to help us shape future content so that we c… twitter.com/i/web/status/1…

23rd October 2020
AmerCityCounty

See how cities different approaches to distribute masks in their communities >> spr.ly/6010GAPLa

23rd October 2020
AmerCityCounty

While #facialrecognition is a powerful tool that can improve law enforcement efficiency, that doesn’t necessarily t… twitter.com/i/web/status/1…

23rd October 2020

Newsletters

Sign up for American City & County’s newsletters to receive regular news and information updates about local governments.

Resale Insights Dashboard

The Resale Insights Dashboard provides model-level data for the entire used equipment market to help you save time and money.

Municipal Cost Index

Updated monthly since 1978, our exclusive Municipal Cost Index shows the effects of inflation on the cost of providing municipal services

Media Kit and Advertising

Want to reach our digital audience? Learn more here.

DISCOVER MORE FROM INFORMA TECH

  • IWCE’s Urgent Communications
  • IWCE Expo

WORKING WITH US

  • About Us
  • Contact Us

FOLLOW American City and County ON SOCIAL

  • Privacy
  • CCPA: “Do Not Sell My Data”
  • Cookies Policy
  • Terms
Copyright © 2021 Informa PLC. Informa PLC is registered in England and Wales with company number 8860726 whose registered and Head office is 5 Howick Place, London, SW1P 1WG.
This website uses cookies, including third party ones, to allow for analysis of how people use our website in order to improve your experience and our services. By continuing to use our website, you agree to the use of such cookies. Click here for more information on our Cookie Policy and Privacy Policy.
X