Lawsuit over traffic-camera tickets in state is dismissed

Cities are using red-light cameras legally in Washington, and drivers caught by them are not being overcharged, a federal judge has ruled.

U.S. District Court Judge John Coughenour this week rejected the claims of a group of plaintiffs who filed a class-action suit last June. They said drivers were paying millions of dollars more than they should as cities sought to make the cameras a moneymaking venture. Cities fine drivers caught by the cameras between $101 and $124, according to the lawsuit.

The group also claimed cities entered into illegal deals with two companies that review photos of cars and pick out drivers violating the law.

Seattle and other cities say the cameras improve public safety because they deter drivers from running lights at intersections.

Coughenour on Tuesday dismissed the claim against 18 cities, including Seattle, Tacoma and Bellevue and Redflex Traffic Systems and American Traffic Solutions.

Rob Williamson, an attorney for the plaintiffs — people who had been ticketed — said Wednesday he will appeal the ruling this week.

"I was disappointed," Williamson said. "I think that on the most critical issue, which is that the fines are excessive, (the judge) really didn't pay attention to or analyze the legislative history."

Cities have taken in millions in fines since 2005, when the Legislature OK'd the cameras.

Seattle put up six cameras at four intersections in 2006. Now there are more than 30. In the first three years of operation, Seattle's cameras led to $5 million in fines collected from 58,000 drivers, according to city data.

State law says drivers can be fined only as much as they could be for a parking ticket, but some cities were fining drivers as much as if they had been caught by a police officer. In Seattle, drivers are fined $124.

Cities argued they were within the range of fines charged for parking tickets. While run-of-the-mill parking tickets cost between $25 and $40, the fine in Seattle for parking in a disabled space without a permit was $250.

The judge agreed with the cities.

"The Code does not require a traffic-camera infraction to be treated like a parking infraction in every single respect," Coughenour wrote in his order.

In many cases, cities don't have to pay the companies until the amount they collect in fines covers the cost of the services. That way, cities never lose money on a contract.

The plaintiffs argued that provided an unfair incentive for the companies to find people running lights. But the judge ruled that the contracts with those companies were legal because the amount collected in fines affected when the companies were paid, not how much.

The cities named in the lawsuit were: Auburn, Bellevue, Bonney Lake, Bremerton, Burien, Federal Way, Fife, Issaquah, Lacey in Thurston County, Lake Forest Park, Lakewood, Lynnwood, Puyallup, Renton, SeaTac, Seattle, Spokane and Tacoma.

Emily Heffter: 206-464-8246 or eheffter@seattletimes.com