EXCLUSIVE: Class Action Lawsuit Filed Against City of Providence on Traffic Cameras UPDATED
Sunday, March 25, 2018
GoLocalProv has received a copy of a class action suit filed today in Rhode Island Superior Court that alleges, "The City of Providence has utterly failed to: (1) comply with several provisions of the recently enacted Automated Speed Enforcement Law that authorizes the use of automated camera technology for the issuance of school zone motor vehicle speeding violations; and, (2) to provide motor vehicle owners and operators, charged with automated school zone motor vehicle speeding violations, basic federal and state constitutional procedural due process protections."
_400_400_90.jpg)
The suit goes on,"Defendant (City of Providence) has purposefully and knowingly issued and continue to issue defective and invalid summonses to illegally collect and illegally attempt to collect monetary fines from owners and operators of motor vehicles for alleged school zone motor vehicle speeding violations, through information obtained from Defendant’s Automated Speed Camera System."
"Despite Defendant’s failure to comply with several mandatory provisions of the Automated Speed Enforcement Act, Defendant has issued thousands of defective summonses, each demanding a fine of ninety-five dollars ($95.00). Defendant has collected thousands of dollars in fines and fees from owners and operators of motor vehicles and is attempting to collect thousands of dollars in fines from owners and operators of motor vehicles for alleged school zone motor vehicle speeding violations."
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTAbout the Suit
The suit was filed on behalf of Roberta Ricci, Dachelle Threats, Vincent Pizzi, and others.
The 47-page complaint ridicules the Elorza administration's program. Nearly every aspect of the traffic camera program is challenged in the suit, from how the cameras are deployed, to what and how they program cites drivers, to due process and penalties.
As an example the suit states, "All the summonses issued by the Defendant to the Plaintiffs and the Class, pursuant to the employment and operation of the Automated Speed Camera System, are invalid and legally insufficient because the summonses have not provided actual notice to Plaintiffs and the Class as to the specific alleged motor vehicle speeding violation that the Plaintiffs and the Class have been accused of violating."
Since the traffic cameras were launched at the beginning of the year, an estimated 20,000 tickets have been issued. The program was launched without a public education campaign by the city, and the initial claim was that the cameras were intended to improve public safety in schools zones. The majority of the cameras are blocks away from the school zones.
After earning of the lawsuit, Victor Morrente -- the spokesman for Elorza -- told GoLocal in an email, "The City does not comment on ongoing litigation."
Expansion of the Traffic Cameras By Elorza
The Elorza administration recently added five more cameras.
The program has been widely criticized and legislative leaders at the State House including the legislator that authored the enabling legislation says the City of Providence is abusing the program. State Representative Robert Craven is the author of the original legislation that allowed Providence to develop their program.
"While the intent of the cameras is laudable, I am working with Rep. Robert Craven to amend his 2016 legislation to provide warnings before tickets are issued and to reduce the fines," Speaker of the House Nick Mattiello said on GoLocal LIVE. "He is working with me and my legal staff on an amendment he intends to introduce next week.”
Other legislators have been more critical of Elorza’s program. “These camera systems are nothing more than a government cash grab. They penalize the registered owner of a vehicle rather than the person actually driving which is unfair,” stated Senior Deputy Minority Leader Anthony Giarrusso, who appeared on GoLocal LIVE at the Rhode Island State House to discuss House Bill 7760, which would end the use of traffic cameras in Rhode Island -- which Giarrusso said he has been advocating for well before the speed camera rollout in Providence.
One person who will not comment on the program or his role in initiating the traffic cameras is former Elorza Chief of Staff Tony Simon. GoLocal recently unveiled that Simon is now being paid by the traffic camera vendor that operates the city’s program. Simon is paid $5,000 a month to lobby at the State House.
Conduent, Inc., the company who owns and operates the traffic cameras that have issued upwards of 20,000 tickets and could potentially reap millions in revenue.
Simon, who served as Elorza’s Chief of until July of 2016, now operates a political consulting firm and is a significant donor to top Democrats. Conduent is a $6 billion publicly traded company. A leading segment of its business is technology applications to help cities and states drive revenue through camera and tolling technology.
The class action suit was filed by Providence Attorney Peter Wasylyk, a former Providence State Representative. He has a significant record in filing class action suits.
"[Wasylyk] and I jointly drafted the complaint," said attorney Peter Petrarca. "Next week most likely I'll file for injunctive relief and declaratory relief -- [Wasylyk] is handling the class side."
"So that motion next week will be to enjoin the court from issuing or hearing any further tickets until the court [decides this matter]," said Petrarca.
Some of those suits include:
In 2005, the Insurance Journal reported that, “Blue Cross & Blue Shield of Rhode Island will pay $17.5 million to settle a pair of lawsuits accusing it of bilking subscribers by failing to pass along discounts negotiated for prescription drugs and health services. The settlement means 115,000 people will receive checks from $10 to $25,000, many of them Rhode Islanders. Five plaintiffs each get $25,000. The lawsuits were filed in 1996. Plaintiffs sought up to $75 million on behalf of people insured by Blue Cross dating back to 1990.…Peter Wasylyk, a lawyer for the plaintiffs, said the settlement ends one of the hardest-fought class-action suits against a health insurer.
In 2013, Wasylyk settled a suit against B.J.’s for a reported $2.5 million.
Also in 2013, GoLocalProv reported a nationwide class action lawsuit has been filed against Target by two Rhode Islanders, William B. Knowles and Patricia A.Doyle, relating to the retailer's massive data breach.
The lawsuit, filed in the U.S. District Court for the District of Rhode Island, alleges that Target breached its duties to safeguard the confidential financial and personal information of nearly 40 million members of the proposed nationwide class.
“I am hopeful that the class action lawsuit will provide relief to the millions of consumers affected by one of the largest data breaches in US history,” said Wasylyk, attorney for the Plaintiffs.
And there have been dozens of other high profile suits against companies such as Facebook.
Related Slideshow: Providence Speed Cameras Defaced.
Related Articles
- Are Traffic Cameras the New Regressive Car Tax? Sasse on Business Monday on LIVE
- Whitcomb on Matt Brown’s Return to RI Politics, Providence Speed Cameras, & Trump Tariffs
- 6 Additional Portable Speed Cameras to be Placed Throughout School Zones in Prov
- Providence Speed Cameras Defaced with Graffiti
- Providence Abuse of Speed Cameras Has State Legislators Pushing for Repeal
- Providence Council President Salvatore Flip-Flops on Traffic Cameras
- McKee Criticizes Elorza on Speed Cameras Following Regunberg Endorsement
- Providence Mayoral Candidate Dennis Blasts Elorza on Traffic Cameras
- Experts Warn Traffic Cameras Will Hurt Providence’s Economy
- Whitcomb: More Speed Cameras Please; Trading Away Allies; Memories of the New Haven
