Home -> Law Blog Directory -> Legal News Blogs -> Law Blog - WSJ.com
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal News
: Law Blog - WSJ.comOn License Plates, Traffic Cameras and the Constitution
By Amir Efrati
Two constitutional challenges recently caught our eye. Yesterday one of those challenges was quashed in Ohio, while another is pending in South Carolina.
In the S.C. case, Washington-based Americans United for Separation of Church and State will ask a federal judge for a preliminary injunction to keep the state Department of Motor Vehicles from issuing plates that depict a stained-glass window with a cross and carrying the words “I Believe.” State authorities have indicated plans to start issuing the plates in mid-December. Here’s background from USA Today.
In June the group filed a lawsuit on behalf of several religious leaders and minority communities who claimed their First Amendment rights would be infringed by the proposed plate. The lawsuit, filed after South Carolina’s legislature passed a law allowing the plates to be issued, charges that the Christian plate gives preferential government treatment to one faith in violation of the First Amendment of the U.S. Constitution.
Plaintiffs include four South Carolina clergy and the Hindu American Foundation and the American-Arab Anti-Discrimination Committee. The plaintiffs noted in their motion for preliminary injunction that some legislators said that they would not vote for similar plates for minority faiths.
Meanwhile, David Dowd Jr., a federal judge in Akron, Ohio, ruled yesterday that the use of traffic cameras in Akron was constitutional. The ruling ended a three-year lawsuit filed by Warner Mendenhall (a lawyer) on behalf of his wife, who got a speeding ticket after being caught by a portable camera in an Akron school zone in November 2005. Here’s the story from the Cleveland Plain-Dealer.
Typically, notes the Plain-Dealer, traffic law violations caught on the cameras are treated as a civil offense, without traffic-court hearings, points assessed against driver’s licenses or escalating fines. Like parking tickets, the violation goes to the owner of the vehicle, not necessarily the driver.
But Mendenhall argued that the penalties actually were criminal and that the program unfairly punishes the vehicle’s owner and that they violated his constitutional right of due process. Mendenhall’s wife won an administrative appeal of her ticket; the Plain-Dealer reports he spent nearly $10,000 of his own money to fight use of the cameras.
Full post as published by Law Blog - WSJ.com on December 11, 2008 (boomark / email).
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
City of Fargo To Pay for Excessive Traffic Fines
City of Fargo To Pay for Excessive Traffic Fines
Compound License
Palatin Technologies pays Competitive Technologies $800,000 agreement dispute settlement.
Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.
Pollution
50% Increased Risk for Allergy and Asthma from Traffic Fumes
19 Washington Cities
Face Traffic Fines Class Action

Cameras to watch for crime Cincinnati police getting eyes on 120 locations
Police Officers and Public Officals Getting Traffic Tickets That Wouldn't be Right...
Ninth Circuit: Arizona Must Allow "Choose Life" License Plates
Judge Orders Injunction Down SC "I Believe" License Plates
Today's the day: KCMO votes on red-light cams
Supreme Court Won't Review Ariz. License Plates Case








