Dayton v. StateAnnotate this Case
At issue in this case was whether three statutes regulating local authorities’ use of red-light and speedy cameras offend the home-rule powers granted to a municipality in Ohio Const. art. XVIII, 3 or whether they qualify as general laws. The court held (1) Ohio Rev. Code 4511.093(B)(1), which requires that a law-enforcement officer be present at the location of a traffic camera, is unconstitutional because it infringes on the municipality’s legislative authority without serving an overriding state interest; (2) Ohio Rev. Code 4511.0912, which prohibits the municipality from issuing a fine to a driver caught speeding by a traffic camera unless that driver reaches certain speeds, unconstitutionally limits the municipality’s legislative powers without serving an overriding state interest; and (3) Ohio Rev. Code 4511.095, which directs the municipality to perform a safety study and a public-information campaign prior to using a camera, unconstitutionally limits the municipality’s home-rule authority without serving an overriding state interest. The court thus reinstated the permanent injunction imposed by the trial court with respect to those three provisions.