Lawsuits may pull plug on traffic light cameras
By Scott Ishikawa
Advertiser Transportation Writer
As the state moves forward with plans to install cameras to catch and ticket drivers who run red lights, the company it has hired to operate the devices is facing a lawsuit in San Diego over constitutional and technological issues.
But Hawai'i officials say they are confident of the way the system works and they have no plans to delay its installation this fall.
"We are aware of a number of ongoing lawsuits related to the red light cameras, in San Diego, Alaska, and other places," said state transportation spokeswoman Marilyn Kali. "But we still strongly believe these cameras will save lives by cutting down on the number of accidents related to red-light running and speeding."
In May, the city of San Diego suspended the use of the cameras at 19 intersections when traffic signal inspectors, prompted by a lawsuit, discovered the devices were giving inaccurate readings at three intersections. The discovery caused hundreds of citations to be dismissed this week in court.
The cameras are triggered when a motorist runs a red light. A citation with the photo of the vehicle in the intersection is then sent to the vehicle's registered owner.
The contractor, Lockheed Martin IMS, had adjusted the electromagnetic sensors beneath the road surface that trigger the cameras and assured the city that the adjustments did not throw off the cameras. San Diego city officials are now considering hiring an engineering firm to make sure the cameras work correctly.
Lockheed Martin IMS is also the contractor chosen by Hawai'i to operate its red light cameras.
The attorneys who filed the San Diego lawsuit, Coleen Cusack and Arthur Tait, claim that Lockheed and the city deliberately chose intersections with short yellow lights to maximize profit, a charge city officials and the company deny.
The lawyers argue the tickets are unconstitutional because motorists are not able to face their accusers and, because of the weight given the photo proof, are considered guilty until proven innocent.
"We can't just sit still and allow these invasions of our liberties," Cusack said.
Since the San Diego program began in August 1998, nearly 84,000 citations have been sent out. At $271 each, they are among the most expensive camera-issued tickets anywhere in the country.
Lockheed gets $70 per ticket and the city of San Diego receives $73, with the rest going to various California state funds. The basic Hawai'i fine for running a red light is $77.
Vanessa Chong, executive director of the American Civil Liberties Union's Hawai'i chapter, said her organization is not opposed to the red light cameras as long as they are utilized for traffic safety purposes only.
"Government has a way of saying cameras are for one thing, then expanding its usage beyond that," Chong said. "The public has to pay attention to ensure that doesn't happen."
Karl Kim, a University of Hawai'i Department of Urban and Regional Planning professor, said local traffic experts have been watching the San Diego camera case.
Unlike places like Australia, Canada and Great Britain where drivers support the use of the cameras, Kim believes Americans take a more suspicious view of the devices.
"I think the other countries using the cameras have a different attitude toward individual freedoms and right to privacy than we do," Kim said. "It was only a matter of time before some here in the U.S. challenged the cameras."
The Associated Press contributed to this report.
