Tuskegee refunding hundreds of Traffic Cam Citations, lawsuit filed in May

TUSKEGEE, Ala. (WRBL) – Tuskegee’s automated camera traffic ticket program, launched earlier this year, is on indefinite hold. Meanwhile, WRBL has confirmed a 20-page lawsuit was filed in May against the city and others who oversaw the speed cameras installed on Franklin Road, Montgomery Road, and Chappie James Drive.

Mayor Lawrence Haygood confirmed the suspension to WRBL on Tuesday, citing procedural oversights in the program’s implementation. He says all tickets issued under the program are now void, and the city began issuing automatic refunds last week to those who had already paid fines. The process continues, with refunds being sent to the vehicles’ registered owners. Mayor Haygood is gathering specific information for WRBL, including the number of citations issued since the program went online in January. Fines varied and could have reached up to $330 per ticket if the driver was allegedly going 20 miles over the speed limit in a school zone. WRBL has asked for the total monetary value being refunded. Mayor Haygood estimates hundreds of now voided tickets were sent out. Mayor Haygood says the automated traffic citation debacle has nothing to do with the recent removal of Tuskegee’s chief of police and assistant chief from their positions or a recent lawsuit.

In May nine plaintiffs filed a lawsuit against the City of Tuskegee and other entities associated with the program. The suit challenges Ordinance 2023-01, which established the Automated Photographic Vehicle Speed Enforcement System. The plaintiffs all received traffic citations based solely on photographic enforcement devices. They claim the ordinance is vague, overbroad, and illegal, resulting in incorrect citations and unfair penalties. One plaintiff alleges they were fired by their employer after receiving three tickets not yet contested or adjudicated.

Mayor Haygood declined to comment on the lawsuit. The attorney who filed the lawsuit on behalf of the plaintiffs declined to comment on the case at this time.

The lawsuit alleges the ordinance improperly suggests automated traffic cameras can reduce traffic violations, but the plaintiffs argue there is no supporting data. They claim the program’s true motive is revenue generation rather than public safety, violating Alabama’s public policy and due process rights.

The lawsuit contends the required $25 fee to contest citations violates the Alabama Constitution, which guarantees due process without cost. The ordinance also allegedly infringes on due process by holding vehicle owners liable without allowing them to cross-examine witnesses or challenge evidence.

Plaintiffs also argue affidavits used to certify violations are based on hearsay and do not comply with Alabama Rules of Evidence, thus denying them the right to challenge the evidence. Furthermore, plaintiffs claim the ordinance falsely states third parties do not have access to citation data. They argue third parties do, leading to negative consequences such as job terminations and other penalties based on citations not yet adjudicated, violating due process and privacy rights.

The plaintiffs seek several remedies, including a declaration Ordinance 2023-01 violates the Alabama Constitution, refunds for all fees and fines collected under the ordinance with 12% interest, an injunction against the use of speed cameras, and a declaration that issuing citations to vehicle owners rather than drivers is unlawful. They are also requesting reasonable attorneys’ fees and other appropriate relief.

WRBL will continue to monitor the issue.

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