Chillicothe, Ohio residents will retain the right to vote out speed cameras on November 3, thanks to a Ohio Supreme Court ruling yesterday. Fearing the public would shut down his signature program, Chillicothe Mayor Joseph Sulzer had asked the high court for an emergency injunction blocking the citizen-led initiative. Sulzer argued that this step was needed because the proposed initiative was unconstitutional and the city was denied a fair chance to argue against it before the Ross County Board of Elections (view Sulzer’s court filing). The supreme court justices unanimously rejected his complaint.
“Chillicothe failed to act with the requisite diligence in asserting its claim for extraordinary relief in mandamus and prohibition,” the court explained. “Instead, the city delayed filing its protest until 119 days after the signed initiative petition was filed with the city auditor and 56 days after the city auditor certified the initiative petition to the board of elections. Chillicothe delayed an additional 26 days after the board denied its protest and certified the initiative to the election ballot to file this action for extraordinary relief.”
In previous election cases the court has thrown out challenges for delays as brief as nine days. The justices noted that timely protests are more than a mere formality because absentee ballots must be printed at least thirty-five days in advance of the election date. Sulzer’s protest was filed just one day before that deadline, September 29. Hearing the merits of a challenge at such a late date would have prejudiced the other side’s ability to prepare a compelling defense.
“Chillicothe has no legitimate excuse for its prolonged periods of delay in this case,” the court concluded. “The city did not need to wait for certification of the petition to file its protest… Based on the foregoing, Chillicothe failed to exercise the diligence required of relators in election cases, and we deny the writs based on laches. By so holding, we need not address the city’s claims.”
Rebekah Valentich, head of Citizens Against Photo Enforcement (CAPE), expressed relief at the decision. CAPE volunteers gathered the required signatures to put the measure on the ballot.
“After reading the Supreme court ruling, I think that I can safely speak on behalf of every CAPE member who fought for the citizens of Chillicothe and their right to vote,” Valentich told TheNewspaper. “Victory is sweet.”
CAPE members are not only attempting to remove speed cameras from the city limits on November 3, but they are also encouraging voters to boot the city council members responsible for putting the program in place. At-large Councilman Dustin Proehl is the only incumbent who voted against cameras and, as a result, enjoys CAPE support.
The rest of the council, save for the sixth ward, is being challenged by opponents of automated ticketing machines. Valentich herself is running for the second ward seat. Beth Neal is running in the first ward, Dan Evans in the third ward, Larry Depew in the fourth ward, Jeremy Siberell in the fifth ward and Bruce Arnold is running for council president.
Source: 
Chillicothe v. Ross County Board of Elections (Supreme Court of Ohio, 10/21/2009)
[courtesy thenewspaper.com]
Stunning photo!
Indeed! The SCOTSOO has rightly told these pinheads to shove it.
Now it’s the voter’s turn to do the same.
Today, Chillicothe! Tomorrow, Upper Sandusky!!!
I see that only 800 signatures were needed to get this in the elections. Hopefully the vote to remove the “motorist ATM” will pass. But don’t pop the corks just yet. I encounter people all the time that complain about the “lawlessness” on our roads and that “something” should be done about it. To the misinformed, photo-tickets sound like a good idea. Once they find out about the short yellows and the profit sharing schemes they realize what it’s all about and it ain’t safety. But by then, it is too late.
YES WE CAN!
Twotone
One wonders how much (camera-generated) money the town spent on legal fees while arguing this case…
Traffic cameras breed short greens, short yellows, and speed traps, which leads to increased injury accidents, property damage, and citizenry pain, suffering, tension, and costs.
golden2husky :
October 22nd, 2009 at 10:15 am
I see that only 800 signatures were needed to get this in the elections. Hopefully the vote to remove the “motorist ATM” will pass. But don’t pop the corks just yet. I encounter people all the time that complain about the “lawlessness” on our roads and that “something” should be done about it. To the misinformed, photo-tickets sound like a good idea. Once they find out about the short yellows and the profit sharing schemes they realize what it’s all about and it ain’t safety. But by then, it is too late.
This is true, but it would be a historic vote if they uphold the photo enforcement. There has NEVER been a photo enforcement system that has survived a public vote (in the US anyway).
To the misinformed, photo-tickets sound like a good idea. Once they find out about the short yellows and the profit sharing schemes they realize what it’s all about and it ain’t safety. But by then, it is too late.
Sure, but a referendum on the issue provides plenty of time to educate and give the other side. Photo tickets have never survived an open vote in the US.
The problem isn’t the profit sharing, the problem is that they’re run for revenue. I have similar nasty feelings towards speeding tickets given out by live cops as revenue generation instead of safety as well. It’s harder to control those, though.
This is true, but it would be a historic vote if they uphold the photo enforcement. There has NEVER been a photo enforcement system that has survived a public vote (in the US anyway).
And Chillicothe knows that!
John
I live about 15 minutes north of Chillicothe – I am very glad to see that this failed and that it will be put to vote in Ross county – and I hope that every one of the current elected officials that supported this crock gets the boot next month along with the cameras being voted down. At least that *should* send a clear message to all elected officials as to what to expect when they try to pull crap like this.
Choke on it, Chillicothe.
And, by the way, you better have alternate work line up in.
Choke on it, Chillicothe.
And, by the way, you better have alternate work lined up.
kericf :
“There has NEVER been a photo enforcement system that has survived a public vote (in the US anyway).”
No need for a disclaimer. European serfs have no right to vote out cameras. Watch your election results on November 3 in:
Heath and Chillicothe, Ohio
College Station, Texas
The bureaucrats overturned a petition in Toledo on a technicality.