Washington Supreme Court weighs in on red light cameras

May 31, 2011

Washington: On Tuesday, May 25, the Washington Supreme Court debated whether or not it was correct for a city and a photo enforcement contractor to undercut the initiative process on the issue of traffic cameras. The debate has become important as efforts increase in certain cities to put the existence of red light cameras up to a referendum vote. The case currently before the Supreme Court comes from the Seattle suburb of Mukilteo, in which city council and some resident mounted an unsuccessful attempt at preventing a public vote on red light cameras last fall. Some on the court were sympathetic to the petitioners cause, such as, Justice James Johnson, who suggested that the vote was protected by the First Amendment and then went even further in suggesting that the initiative proponent's lawyer was not going as far as he could in his legal arguments by citing the right of petition and of the people peaceably to assemble. The city contended that red light cameras are authorized by the state legislature and that, therefore, they preclude citizen initiatives. They said that because of this there only option was to make the referendum vote advisory only. Justice Gerry Alexander expressed his concern that the city could, by making citizen initiatives advisory ballots, bypass the initiative process. Justice Charles Wiggins went further on to say, "I find it very puzzling that this was presented as an initiative. Why didn't it go on the ballot as an initiative? There was an initiative petition presented to the city council which could either enact the law or put it on the ballot. They didn't do either one." The vote from the state's high court could have quite an impact as similar initiative are under way in Longview, Monroe, Wenatchee, Bellingham and Redmond.