Speed camera lawsuit against Montgomery County dismissed
Class action claimed county, cities in violation of state law
A class-action lawsuit claiming Montgomery County and three municipalities are operating speed camera programs illegally was dismissed this week in Montgomery County Circuit Court, according to an associate county attorney.
The ruling by Judge David Boynton ends a two-year legal battle about the cameras.
The issue was scheduled for trial July 12.
The lawsuit, filed by Bowie attorney Timothy Leahy who also is one of about a dozen original plaintiffs alleged the county has been operating its speed camera program illegally since it began in 2007.
The lawsuit also named Rockville, Gaithersburg and Chevy Chase Village, which run their own speed camera programs. Takoma Park, which began its speed camera program after the lawsuit was filed in 2008, was not named in the lawsuit.
Leahy and others argued the jurisdictions are illegally paying a per-ticket rate to Affiliated Computer Services Inc., a Texas company involved in the speed camera program. The company receives $16.25 per ticket.
The suit claimed the arrangement gave the company a financial incentive to issue more tickets in violation of state law.
Boynton dismissed the case Tuesday, saying the county and the municipalities operate their own camera programs, Associate County Attorney Charles Frederick said.
"The speed monitoring system that captures the data is functioning properly in that there's not influence from a contractor," Frederick said. "The county is the one that makes sure the speed monitoring system is working properly."
Leahy said Thursday that he would not comment on the case because the plaintiffs were still waiting for a judge's ruling on as many as eight legal issues that were raised.
"We want to wait for the complete opinion before we determine our next steps," Leahy said.
The judge's opinion on the legal issues will not affect his decision to dismiss the case.
Montgomery County has 119 sites designated for speed cameras. Of those locations, 60 have fixed cameras and the other 59 are periodically monitored by six vans equipped with speed cameras.
Tickets are $40, but additional fees are assessed for late payments.
The county is expecting to garner about $17.2 million in speed camera revenue in fiscal 2010, which ends June 30.