As you know, I told you a few weeks back that this redlight camera case was coming down the pipe. However I had no idea that Munson was subpena’d – Whoa Nellie.
Sioux Falls Mayor Dave Munson is fighting a subpoena requesting his videotaped testimony in an ongoing lawsuit over red-light cameras that nab motorists in the downtown area.
Fire up the Mariachi band, here comes the Mexican Hat dance;
Wiedermann has said the cameras at 10th Street and Minnesota Avenue unfairly target motorists. Among his lawsuit’s claims: That the defendants “altered the timing of the lights to increase violations in order to increase profits.”
Kind of like code enforcement fines jumping from $1,900 a year to $60,000 a year in less than 5 years. “But Hey, we are not out to make money, just to harass the shit out of the people who pay are wages.”
Munson seems to be confused about what it means to sign paperwork and be accountable for that signature, legally;
“He signed the contracts with Redflex,” Eiesland said. “At the end of the day, he’s the one for the city who signs off on all these things.”
Remember when Northside Davey was being investigated for campaign finance violations? He said he would have to get in touch with his treasurer because he didn’t know the deets . . . yeah, right Dave. Seems Dave doesn’t have a problem with taking credit when he builds $3 million dollar roads to nowhere in the form of flattering plaques of his face (that are put up in the middle of the night) but when he has to be accountable for the very unconstitutional and illegal operations of red light cameras that’s got nothing to do with him.
You can RUN but you can’t HIDE Dave from the US Constitution – ironically kinda like those redlight cameras.
That thing’s coming down.
I’m really suprised nobody’s photoshopped and printed out fake license plates, stuck them on their car, and driven through a red light wearing a mask depicting their favorite president while giving the camera the finger.
I like in the Argus article and the mention of the Axe man trying to chop down one of the cameras in Arizona – funny shit.
In my opinion, the only thing going down is the lawsuit. Wiedermann claims the cameras “unfairly target motorists”, but that entire claim is a little thin considering the cameras take pictures of those running red lights, so how is that unfair exactly?
If we had “loser pays” tort reform, Wiedermann wouldn’t have dared even bring this case.
Costner, it is more about the timing. Basically what the case is saying is it is giving tickets to yellow light runners because they shorten the yellow light timing. It is not illegal to run a yellow light.
Even if they shortened the yellow light timing, is there any evidence they have shortened it too much to the point it isn’t legal? I’d say if the timing of that yellow light is consistent with other yellow lights for the same speed roads, there really isn’t much of a case here.
I can’t even begin to guess how many times I have been through that intersection in the last few years, but it has been dozens and dozens of times if not over 100. I don’t sense the yellow light being too short or any different than other yellow lights on Minnesota Ave, and I have never been in a position where I even worried about a ticket due to the timing of the light.
Besides – anyone with 12 brain cells knows there is a countdown timer on the crosswalk so when that timer gets down to zero the light turns yellow. This is a huge advantage over most intersections where you don’t know.
Actually it is a disadvantage. Studies have shown that people actually speed up to make the light when they see the timer instead of just approaching the intersection in at a normal speed. Making those intersections more dangerous. You are not going to notice the nano-second in timing difference, but the camera takes advantage of it. Like I said, this is about due process and civil vs. criminal. A traffic offense should be criminal. I agree with you, red light runners endanger people’s lives just like drunk drivers. It should be a criminal offense.
Even if they shortened the yellow light timing, is there any evidence they have shortened it too much to the point it isn’t legal?
Have you read much on what’s going on around the country with other red light cameras? They’re all getting sued for several reasons. One group is claiming they’re unconstitutional – no due process. Another group (which would include this lawsuit) claims that the city altered the yellow light times, creating a safty risk, to generate more revenue from the camera.
The big picture says these things are going to be ruled illegal and will come down – anecdotes about the one in SF aside.
They’re all getting sued for several reasons. One group is claiming they’re unconstitutional – no due process. Another group (which would include this lawsuit) claims that the city altered the yellow light times, creating a safty risk, to generate more revenue from the camera.
The first one wouldn’t apply to this since they aren’t citing anyone for a traffic violation, thus it falls under the same guidelines as parking tickets. If someone wants to sue and proclaim parking tickets are unconstitutional they are welcome to try, but they will be laughed out of the courtroom.
The second one might apply, but only if they can show statistics to back up their claims there is a safety risk at this particular intersection (which will be hard when compared to the pre-camera accidents and death) and only if they can prove the city altered the timing for the sole purpose of generating revenue. Changing the timing of the light to match other lights at similar speed roads will show they have justification to do so.
I’ve read quite a bit about these red light camera lawsuits nationwide and the Sioux Falls cameras don’t appear to fall under most of them.
Again – I’d be willing to bet they (the plaintiffs) lose this lawsuit and the city will be just fine. I just hope they put this to bed soon instead of dragging it on for another few years.
Continue the attack on King Munson. Perhaps, he’ll realize that democracy works better, can be enforced, and is less litigation expense. ‘Home Rule’ is oligarchy that evolved into socialism. Due process is denied. The city’s kangaroo hearings violate the civil procedures act and the fifth amendment. They use home rule for citations, traffic tickets, bid rigging, and major dollar value settlements. Hence, traffic tickets are the same class. Camera cases and citations cases could become one class and keep the city busy til 2010. Then we vote in a new mayor and replace most of the city council.
From the above:
“Among his lawsuit’s claims: That the defendants “altered the timing of the lights to increase violations in order to increase profits.â€
I wish people would take the time to read thru this .pdf. It spells our red light camera scam out very clearly. Why it’s there, and how they, the city, did it.
http://www.siouxfalls.org/Police/Patrol_Traffic/Red_light/docs/Analysis
Timing of the yellows is very much the issue. But not the way most are led to believe. I’m going to do a little cut & paste from that link, a traffic study used to justify the “need” for a red light camera.
10th STREET & MINNESOTA AVE.
The number of noted violations of red lights at the intersection of 10th Street and Minnesota Avenue in the before study was amazing. Two hundred forty-seven observations were made in a 4½ hour period.
The major change in the signal timing was to INCREASE the yellow clearance time from 3.0 to 3.5 seconds for all phases. The theory behind the changes was to extend the yellow clearance to reflect the higher actual travel speeds in the off peak periods and for some of the peak periods.
The after study results were so dramatically reduced that it is almost desirable to recount to make certain there was not an anomaly occurring on the day the count was made. Total number of after red light violations was 57, which is approximately 1/5 the number in the before study.
41st & LOUISE.
The total number of red light violations at 41st Street and Louise Avenue in the before period was 100… The yellow clearance period was REDUCED from 4.0 to 3.5 or 3.6 seconds… As might be expected, the number of violations in the after study increased to 178…..
***********
You see, the city had no choice but to LOWER the yellow time at 10th & Minnesota to give the “appearance” big brother actually works. Anyway, to leave the yellow time where it was would have made 10th & Minnesota look like the dance floor of the old Mocomba Club with all those lights strobing off and on.
The really tragic part in all this adjusting of lights was this. The city actually lowered the yellow times along the higher speed intersections like 41st & Louise by a half second. I suspect the theory there was to justify future red light cameras on 41st Street.
Please, just take the time to read the study. It’s all there.
It all stinks!