Part II of this paper describes the history and development of traffic cameras. It includes a discussion of how the two systems used by Cleveland (red-light and speeding cameras) operate. It also gives a general background of the relationship between cities and camera vendors. Part III provides the legal background of traffic cameras. It begins by examining the various arguments that have been leveled against cameras and then examines the litigation to date challenging traffic cameras. Next, this Note discusses the scholarly literature on the subject and explains how this argument situates itself in the debate. Part IV gives traffic law background by examining the Ohio Revised Code's traffic law and the City of Cleveland's traffic camera ordinance. It then discusses the Ohio Legislature's involvement with traffic cameras and explains the recent passage and veto of House Bill 56. Next, this Note explains the current situation in the Ohio courts and the recent certification of the constitutionality of traffic cameras to the Ohio Supreme Court. Part V discusses Ohio's Home Rule law. It examines the key cases decided by the Ohio Supreme Court and explains the test for conflict between a municipal ordinance and state law. It then advances the argument that Cleveland's traffic cameras violate the Ohio Constitution. Finally, Part VI concludes and calls for the Ohio Supreme Court to find traffic cameras in conflict with the Ohio Revised Code.
Note, Speeding towards Disaster: How Cleveland's Traffic Cameras Violate the Ohio Constitution, 55 Clev. St. L. Rev. 607 (2007)