CINCINNATI - A complaint and motion for a temporary restraining order against Elmwood Place has been filed in the latest development with the village's controversial speed cameras.
The complaint was filed by attorney Mike Allen on behalf of 150 plaintiffs, according to his office staff.
The complaint argues that:
- Elmwood has no authority to prosecute individuals for alleged violations for alleged violations of Section 77 at "administrative hearings" rather than trials.
- Elmwood has initiated civil proceedings by a method of service not authorized in Ohio.
- The ordinances enacted by the village were not published in accordance with state law, and their enforcement conflicts with state law.
- The village used the cameras to enforce the ordinance before it had erected signs warning drivers.
The case has been assigned to Judge Robert Ruehlman.
No court date has been set.
In another development, one female driver, handling her own defense before the village's appointed magistrate, was able to have her citation dismissed after she presented photographs showing there were no signs posted warning of a reduced speed school zone prior to Oct. 5 northbound on Vine Street.
The woman had been cited by one of the village's speed cameras prior to that date.
Whether that would invalidate other citations issued to individuals cited under those circumstances remains to be seen.
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