Vehicle owners who paid $86 ticket shouldn't be included, lawyer argues
A judge heard arguments Tuesday in a class-action lawsuit against the city of Sioux Falls and Redflex Traffic Systems, the company contracted to photograph vehicles passing through red lights in downtown Sioux Falls.
I.L. Wiedermann of Sioux Falls is fighting the camera enforcement on behalf of himself and 20,000 vehicle owners who also have received $86 tickets since May 2004.
Circuit Judge Kathleen Caldwell listened to lawyers for the city and Redflex who, respectively, wanted the case significantly limited or thrown out altogether. She said she would rule on the motions within two weeks.
Bill Garry, representing the city, said that when the thousands who paid their fines did so, they waived their right to contest their tickets. Only Wiedermann and one other man who took his appeal to an administrative hearing officer and then to circuit court should be permitted to fight their tickets, he said.
Richard Casey, a Redflex lawyer, said Wiedermann's claims involve the city, not Redflex, so the company should be removed as a defendant.
Wiedermann and Rapid City lawyer Aaron Eiesland have accused the the city and Redflex of:
- Failing to enact an ordinance prohibiting a right turn on red;
- Altering the timing of stoplights;
- Illegally imposing civil penalties;
- Denying due process.
Eiesland said in court Tuesday that the case is all about money. With what Sioux Falls pays Redflex, the city could man the 10th Street and Minnesota Avenue intersection with police officers 24 hours a day.
In that case, however, Eiesland said the fine money would be funneled through the state and be shared with the public schools. The camera system allows the city an easy and sizeable revenue source.
Part of Wiedermann's claim is that the city has no authority to regulate traffic in a way not outlined by state law. That argument won over the Minnesota Supreme Court, which in March struck down photo cops along Minneapolis streets.
When Wiedermann filed his lawsuit last year, he argued that his due process rights were stripped by a system that punishes a vehicle's owner, not necessarily the driver.
An unrelated Minnehaha Circuit Court ruling since then boosted the due process argument. Judge Bill Srstka in January ruled in favor of Daniels Construction, which complained that the city's appeal system is unconstitutional and gives them no opportunity to argue the facts of their case on appeal.
Garry said Tuesday that because the $86 penalty is so small, the city's hearing officer provides sufficient due process.
The 10th and Minnesota location was selected for cameras because it has a large number of offenses and because a pedestrian was killed at the intersection.
Edie Adams, 58, an Argus Leader employee, was killed in April 2003 when she was struck by a car.
Reach Josh Verges at 605-331-2335.

