Prior class action experience - Co-Lead attorney Scott v. Cingular Wireless, 160 Wn.2d 843 (2007)
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UPDATE
Nov. 11, 2009 - Our case has been moved to Federal Court, in the Western District of Washington. We have filed an updated complaint, as well as several responses to the defendants motions to dismiss. Here are links to the updated complaint, as well as the responses to the motions to dismiss by ATS, Redflex, Renton, and a main brief for other cities, as well as an index of the arguments we made in these pleadings.
We have also joined forces with the respected law firms of Williamson & Williams and theBowler Law Office in this continuing and complicated case.
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June, 2009 - The Rosen Firm together with Breskin, Johnson & Townsend have sued American Traffic Solutions and Redflex as well as the following cities regarding their use of red light cameras and photo enforcement techniques: Auburn, Bellevue, Bremerton, Burien, Federal Way, Fife, Issaquah, Lacey, Lake Forest Park, Lakewood, Lynnwood, Monroe, Moses Lake, Puyallup, Renton, Seatac, Seattle, Spokane, Tacoma, and Wenatchee. The complaint can be found here. An excellent summary of the issues can be found at theNewspaper.com. The exhibits referenced in the complaint can be found below.
Traffic Camera Contracts for the city of:
Auburn (see page 30 for volume based payments and page 31 for cost neutrality clause)
Bellevue (see page 5 for cost neutrality clause and page 23 for volume based payments)
Bremerton
Burien
Federal Way
Fife
Issaquah
Lacey
Lake Forest Park
Lakewood (see page 28 for cost neutrality clause)
Lynnwood (see page 3 for stop-loss clause and page 15 for volume based payments)
Monroe
Moses Lake (see page 25 for volume based payments and cost neutrality clause)
Puyallup
Renton
Seatac (see pages 29-30 for volume based payments and cost neutrality clause)
Seattle (see page 54 for volume based payments)
Spokane (see page 5 for cost neutrality and page 23 for volume based payments)
Tacoma
Wenatchee
Exhibit A
Administrative Office of Courts list of non-complying cities (see pages 7 and 12)
Exhibit B
Fife's faulty instructions and Seatac's faulty instructions. Compare to RCW 46.63.075(2).
Exhibit C
California Court Decision - indicating cities in CA cannot use automated photo evidence due to camera vendors
being paid improperly.
2nd California Court Decision
Exhibit D
Letter from Renton Prosecutor received March 2009
Other relevant documents:
US DOT Study - showing an INCREASE in rear end accidents due to red light cameras
RCW 46.63.170(2) - requiring all traffic camera fines to "not exceed the fines for other parking infractions"
RCW 46.61.170(1)(h) - requiring cities to pay camera vendors "only based on the value of the equipment
and services" and "not upon a portion of the fine or civil penalty imposed or the revenue generated
by the equipment."
RCW 46.63.060(1) - stating that the issuance of a notice of infraction is a determination that the infraction occurred.
RCW 46.63.060(2) - stating the forms used to initiate traffic infractions must be approved by AOC.
Infraction Rule 2.1 - stating "the form used to file cases alleging the commission of a parking, standing or
stopping infraction shall be approved by the Administrative Office of the Courts."
Infraction Rule 2.1 - stating "the form used to file cases alleging the commission of a parking, standing or
stopping infraction shall be approved by the Administrative Office of the Courts."
A court hearing where a city of Seattle Court Commissioner found that the city unlawfully placed a camera at the
five corners intersection.
Click picture to see news story
Contact us regarding photo enforcement/red light cases.
PLEASE NOTE - We are actively pursuing this case, but we no longer need additional representative plaintiffs. If you have been cited with a camera ticket, or you have previously paid such a ticket, you will automatically be a member of the class we are attempting to certify. If we are successful in our suit, a procedure will be established to contact you and potentially issue you a refund at some point in the future. Please be patient, as we expect that this case will take many years to reach its conclusion.
The Rosen Firm
800 5th AvenueSuite 4000
Seattle, WA 98104
Tel.: (206) 333-3633
Tel.: (800) 384-2886
FAX: (206) 770-6136
