Government

Appeals court dismisses 2 Cedar Rapids traffic camera cases

Attorney says plaintiffs plan to appeal to state Supreme Court

Traffic cameras are installed on signs northbound on Interstate 380 at J Avenue in Cedar Rapids on Wednesday, Dec. 21, 2
Traffic cameras are installed on signs northbound on Interstate 380 at J Avenue in Cedar Rapids on Wednesday, Dec. 21, 2016. (Liz Martin/The Gazette)

The Iowa Court of Appeals has affirmed lower court rulings in dismissing two cases challenging the legality of automated traffic cameras in Cedar Rapids.

In both cases — Marla Leaf vs. Cedar Rapids and camera vendor GATSO USA and a class action involving six plaintiffs vs. Cedar Rapids and GATSO — the court ruled the district court did not error in its ruling or that any issues not specifically addressed were insufficient to warrant a reversal.

The findings were released Wednesday.

Leaf contested a $75 speeding ticket contending Cedar Rapids failed to prove her car exceeded the speed limit, and the automated traffic camera ordinance in Cedar Rapids violates her constitutional rights. The court ruled Cedar Rapids does not improperly delegate police power to GATSO, her due process rights were not violated and the court rejected a claim the cameras don’t have a public safety purpose.

The six plaintiffs in the other case — Myron D. Behm, Burton J. Brooks, Bobby L. Langston, David L. Brodsky, Jeffrey R. Olson, and Geoff T. Smith — contended Cedar Rapids’ automated traffic camera ordinance and its implementation violates state law in numerous respects.

Attorney Jim Larew, who represented the plaintiffs in both cases, said they plan to appeal for discretionary review to the Iowa Supreme Court.

The Iowa Supreme Court had previously granted discretionary review in the Leaf case, but that was relegated to the Court of Appeals.

l Comments: (319) 339-3177; brian.morelli@thegazette.com

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