Thousands of Cleveland and Ohio motor vehicle owners who visit downtown and received automated camera citations from the cameras that once existed in the city before voters rejected them in 2014 are
The unpaid “civil” automated camera citations Cleveland’s financial records still carry as a debt are not collectable unless the city files a civil claim in the municipal court and one of the city’s 13 judges decides the debt is owed. There’s a wrinkle, however, that prevents the city’s judges or even higher courts from affirming the debt.
The “wrinkle” is Chapter 40 and section 203(a) of Cleveland’s charter that voters enacted on November 4, 2014. It reads in plain English as follows and Cleveland Clerk of Court acknowledged to me that he read it.
Any ordinance enacted prior to the passage of this Amendment that contravenes any of the foregoing is void. After the enactment of this Amendment, the City shall not enact or enforce any ordinance that contravenes any of the foregoing. In the event that any provision of this Section 203 is found to be unconstitutional or impermissibly in conflict with state or federal law, only such provision found to be unconstitutional or impermissible will be stricken, and the remainder of Section 203 will remain in full force and effect.
The duties of Earl Turner in the official capacity as the municipal corporation’s “clerk of court” are found in the Ohio revised code
There isn’t a general law anywhere in Ohio’s revised code that lets elected or appointed public officials create a “policy” that circumvents a law that instructs them not to perform an act the law doesn’t authorize.