Are Speed Cameras Legal In Alabama

The Alabama Supreme Court on Friday upheld Montgomery'southward red calorie-free camera ordinance, ruling that it met an exception in the state's governing documents on local laws.

In a law that touched on the Alabama Constitution'south restrictions on local government, the courtroom ruled 6-to-1 in favor of the city over Richard Stephen Glass, who argued the city law unconstitutionality duplicated country constabulary on traffic enforcement.

Justice Sarah Stewart, writing the chief opinion, ruled that the city and the 2007 deed allowing the reddish lite cameras met a "demonstrated local needs" requirement in the state constitution. Stewart also wrote that the urban center law did not try to supersede country law on the affair.

"Although the Ordinance and the Act exercise provide that any red-calorie-free violation will be a civil violation, they exercise not provide that such violations will no longer qualify every bit misdemeanors or otherwise purport to displace the full general laws categorizing cerise-light violations equally criminal misdemeanors," she wrote.

Messages seeking comment were left Fri with the city of Montgomery.

"We're looking at it," said Susan Copeland, an attorney who represented Glass. "We obviously disagree with the conclusion, but we're studying it a bit more than."

The Alabama Supreme Court Friday upheld Montgomery's red light camera law, ruling that it met a local need without superseding state law.

Only one other justice, William B. Sellers, joined Stewart's opinion; four other justices agreed with the outcome but joined separate opinions. Alabama Principal Justice Tom Parker dissented. Justice Greg Shaw recused himself from the case.

Glass got a red light ticket at a Montgomery intersection on Aug. vii, 2017. In challenging the ticket, Glass did not dispute that he had run a cherry-red light but argued in an appeal that the ordinance violated Section 105 of the Alabama Constitution, which prohibits the enactment of local laws covered by general (or land) ones.

"Yous can't pass a local law if the bailiwick is already covered by state police force," attorneys for Glass wrote in a September 2020 brief. "The full general law of this state defines the misdemeanor offense of running a carmine low-cal and sets the punishment for this law-breaking."

Attorneys for Montgomery, citing a 2017 Alabama Supreme Court ruling from Jefferson County, argued the ordinance created ceremonious penalties for running a reddish light, which state law was silent on.

"The traffic code contains compatible criminal laws applicable throughout Alabama and imposes criminal penalties — fines and possibly jail time — where the offender is bedevilled through the criminal system," attorneys for the city wrote. "In dissimilarity, the Cherry Lite Camera Human activity and the Montgomery Ordinance are ceremonious statutes providing civil penalties that are assessed wholly outside of the criminal organization with no criminal-law consequences."

The 2017 ruling said local laws could be justified by "demonstrated local needs" as cited in legislative acts that created the local laws.

Stewart agreed with the metropolis, writing that the state police authorizing Montgomery'southward cerise-light cameras cited safe concerns and wrote that Drinking glass had non rebutted them in court. Stewart besides wrote that in that location was "no constitutional provision that specifically empowers the legislature to authorize a civil traffic-lite enforcement scheme in a single metropolis."

More:University of Alabama will take Klansman's proper name off building now named for civil rights hero

In other news:Alabama Senate approves package of broadband expansion bills, $276 1000000 to be spent

"The procedures set out in the full general laws — although unlike from the procedures set out in the Deed — are capable of being applied to such red-lite violators," she wrote.

Justice Brad Mendheim concurred with the result only dissented from the use of legislative findings to justify the police, writing that those findings had been vague. Parker in dissent wrote that the Legislature had not found that red light speeding was more dangerous in Montgomery than elsewhere.

"Mutual sense teaches that running a red light is dangerous everywhere, not merely in Montgomery," he wrote. "And that simple fact undercuts the City's argument that the Legislature institute a local demand for red-calorie-free cameras."

Contact Montgomery Advertiser reporter Brian Lyman at 334-240-0185 or blyman@gannett.com.