John Musto, the city’s chief trial counsel, said the court’s next step is to decide whether to grant the city’s request for a preliminary injunction.
“If approved, that would be in effect until the court decides whether to approve a permanent injunction. The decision means the city will not be at risk of potentially having a reduced local government fund distribution in August,” Musto said.
The restraining order also means the city will not be subject to other contested state requirements and restrictions that would make operating its photo enforcement program difficult, he said.
The city receives local government payments each month.
INITIAL REPORT (July 29)
The city of Dayton is seeking an injunction against the state of Ohio over the city’s use of automated red light and speed-detection cameras.
In a complaint filed today, the city is asking a Montgomery County Court of Common Pleas judge to block the state from enforcing House Bill 62.
The complaint says the law is unconstitutional and violates home rule protections.
RELATED: New red-light, speed camera restrictions take effect statewide
The law requires cities that use automated traffic cameras to report to the state how much money they receive in fines from their use of cameras. The state law says these jurisdictions will have their local government payment reduced by the same amount of fines collected.
The city’s complaint says Dayton projects receiving about $6.6 million in local government funds in 2019, which pay for “crucial” government services.
The funds are especially important this year when the city was struck by multiple tornadoes that led to cleanup and rebuilding costs that could exceed $5.5 million, and the city already had $675,000 in unplanned expenses related to security and safety for the May 25 rally of an out-of-state hate group, the complaint states.
MORE: State goes after red-light, speed cameras; Dayton Mayor Whaley not happy
Dayton’s traffic camera program promotes compliance with traffic laws and reduces the costs and potential physical injuries related to motor vehicle crashes, the complaint states.
The city says House Bill 62 penalizes cities for engaging in constitutionally protected activities.
A judge in Lucas County approved an injunction sought by Toledo to stop the state from enforcing the new law as the city challenges its constitutionality.
Dayton officials originally said the injunction in that case applied to the entire state.
But last week, Lucas County Common Pleas Judge Myron Duhart ruled that the injunction in that case prevented the state from only enforcing the contested statutes against the city of Toledo.
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