Howard issued a decision a month ago, saying the state didn’t overstep its authority. Adams filed a notice of appeal with the 12th District Court of Appeals Tuesday.
Howard is one of only two common please court judges to deny a preliminary injunction, meaning the money-making speed camera program remains dormant.
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“The provisions of H.B. 62 granting exclusive jurisdictions of tickets pursuant to traffic law photo enforcement programs with the municipal and county courts is a proper exercise of the power of the General Assembly,” Howard wrote. “Accordingly there is not a substantial likelihood that the village of New Miami would be successful in arguing these provisions are unconstitutional.”
When the new state transportation bill H.B. 62 passed, it reduced the amount of state financial aid local jurisdictions receive by the amount they collect annually in speed camera ticket revenue. It also mandated the courts handle speed camera citations as civil proceedings that include court fees and costs.
New Miami Fiscal Officer Belinda Ricketts said it would cost the village an estimated $612,000 in court costs, and tickets only generate about $222,000.
Former mayor and current village Councilman Bob Henley told the Journal-News the village had to appeal the decision.
“We don’t have a choice,” Henley said. “I’ve yet to understand how he can rule against us when everybody else has ruled the other way. I’m right and you’re all wrong, I guess that’s his interpretation of the law. It seems odd that every judge in the state interprets one way except for two.”
Adams previously said he fully expects the 12th District to issue an injunction. If that happens he will recommend the village council reinstate the speed camera program. The village cannot maintain its police department without the speed camera revenues.
“I would recommend it just because I’m confident on how the Supreme Court is going to rule,” Adams said. “Because the Supreme Court of Ohio has already addressed all of these issues and I think that’s why you see what I would consider a unanimous response from all the courts. Everywhere else but here the law seems to be well settled.”
The village has another case in the 12th District, still fighting after six years against having to repay about 33,000 speeders $3.4 million. The old speed camera program was deemed unconstitutional after a group of drivers sued.
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