Traffic camera lawsuit certified

EPHRATA — A class action lawsuit attacking Moses Lake’s traffic cameras was certified Friday afternoon in Grant County Superior Court.

The lawsuit, filed by Moses Lake attorney Harold Moberg, is on behalf of everyone receiving a ticket from any of the cameras involved with Moses Lake’s automated traffic enforcement cameras, according to court documents.

Specialty Welding, George Black and Judy Nelson are the three named plaintiffs in the class action suit. Both Black and Specialty Welding received tickets for speeding in a school zone and Nelson received a ticket for running a red light.

The city installed two traffic cameras in the school zone on South Pioneer Way, near the intersection with Hunter Place, in October 2008. The cameras are designed to spot people speeding while the school zone lights were flashing. Drivers going faster than 20 mph during school hours have their license plate photographed and a video filmed of their car to provide evidence of a traffic infraction.

The city installed three other cameras designed to spot people running red lights. Two of those lights, located at the intersection of Valley Road and Stratford Road, were installed in March 2007. An additional camera was installed a third camera at the intersection of Broadway Avenue and Alder Street in January 2008.

The cameras are operated by Redflex, a Melbourne, Australia- based company with offices in Scottsdale, Ariz. or running the red light have their license plate photographed and a video filmed of their car to document a moving violation.

Once the video and photographs are reviewed by Moses Lake police, the registered owner of the car receives a ticket for $112 in the mail.

Moberg claims this is a violation of state law, municipal code and unlawful taxation, according to the complaint. He pointed to the portion of the state law stating the infraction could not exceed the “amount of a fine issued for other parking infraction within the jurisdiction.”

The Moses Lake ordinance sets the penalty for most parking violations at $20, according to the city’s code.

“I consider it a constitutional taking of property. I don’t believe the city has the authority to go into your pocket,” he said. “It’s important that the court certify the class action lawsuit … Almost everyone who receives the citation pays it because it’s too little to fight. The benefit of a class action is to allow Moberg Law Firm to represent each of them.”

Moses Lake City Attorney Jim Whitaker said the city plans to defend it, saying the statute is clear about how high the fee can be set.

Whitaker previously defended the amount for the ticket, stating the law allows the city to charge at the level of the highest fee. The city charges $250 for parking in a handicapped driver or a fire zone.

“We believe the statute gives us the authority to set the fee at that level,” he said.