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Federal Judge Blocks Red Light Camera Removal in Houston, Texas (voters passed referendum)
The Newspaper ^ | 11/29/2010 | no byline

Posted on 11/29/2010 12:03:55 PM PST by a fool in paradise

Federal Judge Blocks Red Light Camera Removal in Houston, Texas

Houston, Texas city attorneys attempt to preserve red light camera program by throwing lawsuit filed with vendor.

A federal judge issued an order last Friday blocking the immediate removal of red light cameras from Houston, Texas intersections. On November 2, voters adopted an amendment to the city charter making photo tickets unenforceable, against the wishes of the Houston city council and the private vendor that operates the cameras, American Traffic Solutions (ATS). Over the Thanksgiving holiday, US District Court for the Southern District of Texas Judge Lynn N. Hughes worked out a deal with the city and ATS to preserve the cameras, for now.

"The city of Houston and American Traffic Solutions, Inc, will continue to collect the fines for the traffic violations that occurred through November 15, 2010," Hughes wrote in his order. "The cameras will not be removed during the pendency of the litigation."

Hughes had called a colloquy among lawyers for the city -- David Feldman and Hope Reh -- and the lawyers for ATS -- Andy Taylor and George Hittner -- on the day after Thanksgiving. Although the city technically filed suit against ATS, the city staff do not want to see the cameras removed any more than ATS does. The parties hashed out a compromise that happened to give ATS everything the firm wanted.

"ATS requests the court to preserve the status quo by enjoining the city from terminating the public safety program or otherwise implementing Proposition 3, pending an adjudication of these fundamental issues of law affecting not only these parties, but the general public at large," Taylor wrote in its brief to the court filed Wednesday.

The actions in Houston track what happened last year in the city of College Station after voters approved an anti-camera referendum. Attorneys for the city attempted to lose the lawsuit that ATS filed to overturn the result of the public vote. Ultimately, public pressure on elected officials forced the College Station cameras to come down, even though a local judge ruled against the vote. ATS is hoping it can win this time by arguing not only that voters have no right to overturn a city council decision through the charter amendment process, but that no power can take down the red light cameras.

"Both the US Constitution and the Texas Constitution prohibit legislation impairing the obligation of contracts," Taylor wrote. "The purported charter amendment cannot validly be upheld if doing so would in any way impair the city's ability to fulfill its pre-existing contractual obligations to ATS."

Those obligations are iron clad, ATS argued, thanks to the city's own actions. The firm pointed out that Houston did have a contract provision that would have allowed a "termination for convenience" without financial penalty. Just three days before this provision would have taken effect, the city signed a new agreement with no termination provision in an attempt to avoid a proposed ban on new red light camera contracts, House Bill 300, that passed in the state House but was blocked in the Senate.

"The city, fearful of HB300, did not want to be forced to terminate the agreement upon the passage of a new state law and therefore, removed the termination provisions of the agreement entirely by clearly stating in the amendment that it 'remains in effect until May 27, 2014,'" Taylor explained. "The city also removed 'unless sooner terminated under this agreement' phrase that appeared in the original agreement. Had the city intended to keep its termination options available to it, it could have easily done so."

Judge Hughes has set a Friday hearing for arguments in the case.


TOPICS: Crime/Corruption; Extended News; Politics/Elections; US: Texas
KEYWORDS: abuseofpower; billwhite; cfr; conspiracy; cultureofcorruption; donutwatch; hb300; houston; judicialtyranny; lawyers; lynnnhughes; mayorparker; redlightcameras; revenuetickets
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1 posted on 11/29/2010 12:04:03 PM PST by a fool in paradise
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To: 1riot1ranger; Action-America; Aggie Mama; Alkhin; Allegra; American72; antivenom; Antoninus II; ...
Houston Culture of Corruption PING

Hughes had called a colloquy among lawyers for the city -- David Feldman and Hope Reh -- and the lawyers for ATS -- Andy Taylor and George Hittner -- on the day after Thanksgiving. Although the city technically filed suit against ATS, the city staff do not want to see the cameras removed any more than ATS does. The parties hashed out a compromise that happened to give ATS everything the firm wanted.

"ATS requests the court to preserve the status quo by enjoining the city from terminating the public safety program or otherwise implementing Proposition 3, pending an adjudication of these fundamental issues of law affecting not only these parties, but the general public at large," Taylor wrote in its brief to the court filed Wednesday.

The actions in Houston track what happened last year in the city of College Station after voters approved an anti-camera referendum. Attorneys for the city attempted to lose the lawsuit that ATS filed to overturn the result of the public vote.


2 posted on 11/29/2010 12:05:55 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: a fool in paradise

Men in Black. Subverting the will of The People. This has got to stop.


3 posted on 11/29/2010 12:07:06 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: a fool in paradise

ABC channel 13 glosses over the detail that the City of Houston is NOT acting on behalf of the public in a manner to see the revenue stream dry up.

http://abclocal.go.com/ktrk/story?section=news/local&id=7813385


4 posted on 11/29/2010 12:07:30 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Windflier

Unseat the corrupt government through elections and recalls.

Damn democrat dictatorship around here.

Mayor Bill White did the same thing repeatedly.


5 posted on 11/29/2010 12:08:42 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: a fool in paradise

Once again, the elected government has become the enemy of the citizenry. Somehow, we keep doing this over and over.


6 posted on 11/29/2010 12:08:46 PM PST by Truth29
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To: a fool in paradise
"Although the city technically filed suit against ATS, the city staff do not want to see the cameras removed..."

Meanwhile, the desires of the city citizenry can simply be dismissed.

7 posted on 11/29/2010 12:08:56 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: a fool in paradise

These local tyrants (and globalists-central planners and elitists) are somtimes worse than our Federal officials, IMO, I have seen it before..


8 posted on 11/29/2010 12:09:39 PM PST by JSDude1
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To: a fool in paradise

Judge Hughes is a member of the Council on Foreign Relations, a one-world government promoting organization.

I wonder why he blocked the measure.

Another NWO jackass.


9 posted on 11/29/2010 12:10:11 PM PST by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: a fool in paradise

The Oligarchy..protecting one another....


10 posted on 11/29/2010 12:11:58 PM PST by mo
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To: Truth29

California voted against Gay Marriage 2x and against public money used for illegal aliens called Prop. 187 and judges (many ACLU types) overrule the People.

I think the judges need to be frogmarched to prison, not given raises.


11 posted on 11/29/2010 12:12:11 PM PST by wac3rd (Somewhere in Hell, Ted Kennedy snickers....)
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To: mo
It's my belief that corrupt RINO Chuck Rosenthal helped throw the state's defense of the Texas sodomy law in the Lawrence v. Texas case. He said that he didn't really believe in such legislation but that he had to uphold the law and couldn't choose which laws to prosecute.

Except he betrayed that stance when he declared that he would continue to prosecute citizens carrying firearms in their cars as felons even though the state legislature permitted it because he said that the state supremes could determine what the law actually permitted or did not permit.

Certainly the homosexual stance from day 1 of the Lawrence case was “we will overturn this law in the courts”. Not overturn the charges. Overturn the law.

Glad to see Chuck gone. Too bad it was over a scandal and not just his own scandalous performance.

12 posted on 11/29/2010 12:17:13 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: a fool in paradise

These red light cameras are not about safety. It’s all about generating revenue.

The will of the people be damned.

They could have kept the clause in the contract that would have given them an out, but they purposely took it out to prevent them from being legislated out of existence.

Slimy ba$t@rd$.


13 posted on 11/29/2010 12:20:54 PM PST by smokingfrog ( ><{{{{{{(0>)
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To: smokingfrog

There are plenty of examples as well of some agency in the government using taxpayer funds to combat the taxpayers who are fighting an uphill battle to end some government power grab or edict.


14 posted on 11/29/2010 12:22:26 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Windflier
....but that no power can take down the red light cameras.

Aw hell. A couple of 5.56mm rounds will take them down easy.

15 posted on 11/29/2010 12:26:10 PM PST by Bloody Sam Roberts (NASA? Muslims? Muslims will want to go to the moon only when Israel sets up shop there.)
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To: a fool in paradise
You thought we had self government? Ha!
16 posted on 11/29/2010 12:26:59 PM PST by Paine in the Neck (Napolean fries the idea powder.)
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To: Bloody Sam Roberts
I'd wager that there is NOTHING in the contract that the city MUST defend the tickets in court to the best of its ability. Hell, the Bill White and Annise Parker administrations clearly are not negotiating contracts in good faith on the behalf of the public nor adequately defending the city in frivolous lawsuits.

The city ads on behalf of KEEPING the red light cameras denounced some "shady" monied interest that would profit from the removal of these cameras.

Seems those who made revenue from the cameras and the lawyers who would offer to clear this from your record stood to make more money.

17 posted on 11/29/2010 12:32:03 PM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: a fool in paradise

The judge had no choice in this. The politicians that acted unilaterally against the public will to thwart upcoming legislation should be tarred and feathered and sent out on a rail. The towns people need to march on city hall and take out the trash.


18 posted on 11/29/2010 12:36:30 PM PST by Dogbert41
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To: a fool in paradise

Our communists judge and his counter parts in action. We the people are just slaves to our masters.


19 posted on 11/29/2010 12:39:14 PM PST by Logical me
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Everyone on this forum is going to blow hot air about these things, but no one is going to do anything.


20 posted on 11/29/2010 12:40:59 PM PST by AlmaKing
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