NYS SUPREME COURT Rules Rochester Red Light Camera Law Is Constitutional
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NYS SUPREME COURT Rules Rochester Red Light Camera Law Is Constitutional
In a decision released late Friday, November 1, Supreme Court Justice Scott Odorisi ruled against plaintiff Lawrence Krieger in his lawsuit against Rochester's red-light camera scheme.
In a twenty-seven page opinion Justice Odorisi ruled that the scheme did not create quasi-criminal liability and that the due process rights in the U.S. Constitution are not violated by the City's enforcement procedures.
"We're disappointed, as you'd expect," said Michael Steinberg, Krieger's attorney who briefed and argued the case. "Justice Odorisi treated the parties and counsel with the utmost respect and wrote a timely decision, but we feel he put too much reliance on Federal law and not enough on the New York cases.Those cases give greater due process protection to citizens."
"It's a sign of how serious these issues are, though, that the Judge wrote so much on the subject," Steinberg added.
Krieger said, "I can't agree with some of Justice Odorisi's rulings but I'm heartened by the fact that he recognized that there are real dangers in these new technologies. He was careful to limit his decision to this particular Rochester program."
"It's been a great experience to hear so many passionate expressions of support from people who live or work in Rochester and have to live with this red light camera program." Krieger continued "We've been able to spark an ongoing public debate, not just on the 32 red-light cameras around the City but on surveillance and civil rights. "
Krieger said "a Notice Of Appeal from the decision will be filed and this story isn't finished."
Addtional information: Strike it down! Larry Krieger fights City Hall on red light cameras
