‘Stop on red’ called to a halt

Judge rules that red-light cameras violate state law

The city of Minneapolis has appealed the court ruling that shut down the city's &#8220Stop on Red” to the Minnesota Court of Appeals.

The initiative relied on cameras to nab motorists running through red lights at 12 intersections in Minneapolis, including four Downtown corners. The city then issued a $142 ticket to the owner of the vehicle.

In an order issued March 14, Judge Mark Wernick ruled that the city's automated traffic enforcement ordinance is &#8220invalid” because it provides less due process protection than is guaranteed to drivers by the state's traffic code.

The city's &#8220stop on red” program, also dubbed &#8220photo cop,” presumed the vehicle's owner was also the driver caught by the cameras.

Wernick went on to say that automated traffic enforcement systems aren't inherently illegal, however. Other cities' programs have upheld challenges because they didn't violate state law.

&#8220I recognize that drivers who commit traffic offenses pose a serious threat to public safety and that the prosecution of vehicle owners through the use of automated traffic enforcement systems deters unlawful driving conduct,” he wrote.

Hennepin County Chief Judge Lucy Weiland said that 7,000 pending cases of motorists ticketed by the city will be put &#8220on hold.” Those cases involve people who have either contested the tickets or not yet paid the citation.

People who received a ticket from the city as a result of the &#8220stop on red” camera system after the March 14 ruling will not be required to pay the fine, Weiland. It's unclear whether people who have already paid their fines will be paid back.

All told, the city had issued 33,000 tickets by the end of February, Weiland said. The program started in July.

The American Civil Liberties Union of Minnesota (ACLU-MN) challenged the city ordinance in December on behalf of Daniel Kuhlman, a vehicle owner issued a ticket in August 2005.

The ACLU-MN argued the ordinance violates state law and the U.S. Constitution. In a prepared statement in December, ACLU-MN Executive Director Chuck Samuelson said: &#8220This ordinance presumes that the owner of a vehicle that is photographed is guilty and then puts the burden on the owner to prove that he or she was not the driver. It turns the notion of due process on its head.”

Minneapolis Police Lt. Reinhardt, the manager of the camera project, credits the initiative with improving public safety on city streets. In its first six months, the &#8220stop on red” program has been linked to a 16 percent drop in traffic accidents, according to the Police Department.