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Dayton in the Middle of Speed Cam Lawsuit
DAYTON -- The City of Dayton is the target of a lawsuit. The charge: unconstitutional use of speeding and red light cameras.
Michael K. Allen is the hard-nosed attorney who has won red light camera cases in Elmwood and New Miami. Now Allen has set his sights on Dayton.
"It's a bunch of malarkey," Allen explained Tuesday. "This is about generating revenue pure and simple. This is not about public safety."
This class action lawsuit, like its two predecessors, says Dayton's enforcement of speeding and red lights is unconstitutional. Because there's no due process, you can't challenge a ticket in court.
Ghassan Deek, who received a red light ticket last year on North Keowee, is one of the lawsuit's eight plaintiffs.
"I cannot face my accuser. I cannot bring in witnesses for my defense, and I cannot seek discovery of evidence against me," Deek said. "My accuser is a camera. I can't cross examine a camera. The problem is a picture isn't sufficient. A camera is a machine. Machines malfunction."
Allen claims the city's financial records show Dayton has raised nearly $9 million through safety cameras since 2003. $85 at a time.
"Our aim is to put some money back in their pockets because we believe the ordinance is unconstitutional and its being unconstitutionally applied to these motorists," Allen said confidently.
If you ever got a red light ticket and paid the fine, Allen says you are a potential plaintiff in the suit and if they win you will get your money back.
We reached out to the City of Dayton officials, who has no comment at this time.
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