Las Cruces Sun-News - The question of whether enforcement of the city's red-light cameras violate due process protections may be decided in federal court. A lawsuit originally filed in state court two years ago by Avallone Mechanical Co. has been moved to U.S. District Court in Las Cruces. The city requested the change because the plaintiff's arguments against the city's Safe Traffic Operations Program, or STOP ordinance, deal with constitutional issues of due process and civil rights. William Babington, the city's deputy attorney, said the case is now in the pre-discovery phase. He declined to address the legal arguments, adding that he does not comment on pending litigation. In court filings, the city defends the STOP ordinance, otherwise known as the red-light cameras, by saying it complies with state and federal requirements for due process. The plaintiffs say the ordinance violates constitutional rights by allowing "hearsay evidence" — the photos taken from the red light cameras — against motorists who are cited for running red lights in Las Cruces, according to court documents. Currently, when someone is cited by the STOP ordinance for running a red light — which carries a fine of up to $100 — they can have a hearing to appeal the citation. Read More News New Mexico
Red-light camera challenge goes to federal court
Las Cruces Sun-News - The question of whether enforcement of the city's red-light cameras violate due process protections may be decided in federal court. A lawsuit originally filed in state court two years ago by Avallone Mechanical Co. has been moved to U.S. District Court in Las Cruces. The city requested the change because the plaintiff's arguments against the city's Safe Traffic Operations Program, or STOP ordinance, deal with constitutional issues of due process and civil rights. William Babington, the city's deputy attorney, said the case is now in the pre-discovery phase. He declined to address the legal arguments, adding that he does not comment on pending litigation. In court filings, the city defends the STOP ordinance, otherwise known as the red-light cameras, by saying it complies with state and federal requirements for due process. The plaintiffs say the ordinance violates constitutional rights by allowing "hearsay evidence" — the photos taken from the red light cameras — against motorists who are cited for running red lights in Las Cruces, according to court documents. Currently, when someone is cited by the STOP ordinance for running a red light — which carries a fine of up to $100 — they can have a hearing to appeal the citation. Read More News New Mexico
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