Dayton v. State

At issue in this case was whether three statutes regulating local authorities’ use of red-light and speedy cameras offend the home-rule powers granted to a municipality in Ohio Const. art. XVIII, 3 or whether they qualify as general laws. The court held (1) Ohio Rev. Code 4511.093(B)(1), which requires that a law-enforcement officer be present at the location of a traffic camera, is unconstitutional because it infringes on the municipality’s legislative authority without serving an overriding state interest; (2) Ohio Rev. Code 4511.0912, which prohibits the municipality from issuing a fine to a driver caught speeding by a traffic camera unless that driver reaches certain speeds, unconstitutionally limits the municipality’s legislative powers without serving an overriding state interest; and (3) Ohio Rev. Code 4511.095, which directs the municipality to perform a safety study and a public-information campaign prior to using a camera, unconstitutionally limits the municipality’s home-rule authority without serving an overriding state interest. The court thus reinstated the permanent injunction imposed by the trial court with respect to those three provisions. View "Dayton v. State" on Justia Law