A councilman says support for appealing the camera decision is unlikely.
GIRARD — The company that owns the city's traffic camera is checking with city council on support for appealing a recent court decision that stopped the device's use in nabbing speeders.
Judge John M. Stuard of Trumbull County Common Pleas Court ruled last month that use of the camera is in violation of the Ohio Constitution.
Judge Stuard also ordered the city to discontinue camera use unless it is used in accordance with criminal laws set by the state, instead of the civil penalties assessed under the city's ordinance. Girard is also prohibited from collecting any outstanding fines under the civil ordinance drafted by the city.
Allen Shutt, a representative of TraffiPax, owner and operator of the camera, said he believes the company would be successful on appeal. The company, however, is unsure if it will actually file one, he said.
"I think we would win in the long run, but it could be a very long run and very expensive," he said. "I am not sure if it will be worth it."
Shutt said he has another reservation: He said an appeal to the court's order would go much better if city council were behind the move — something he is unsure of at this point.
"If the city is not going to be behind the appeal, then we may not do it," he said. "I don't think the city is sure if it wants to appeal."
Gaining the support of city council would mean finding four of the seven councilmen in favor of backing an appeal.
No support
Councilman Dan Moadus filed the lawsuit that ultimately led to the camera ban, meaning he is unlikely to support an appeal.
Councilman Tom Seidler said other council members are not likely to feel much different from Moadus when it comes to an appeal.
"I don't think you will find one who will say yes," he said. "We are going to move on. We have more things to do and bigger issues to deal with."
Seidler said for most members of council, the bad impact on business is the deciding factor in not supporting a potential comeback of the camera. He said business owners complained about the device.
"They felt it was hurting their business. Many were told by people that they would no longer patronize their business because of the camera," he said. "It is hard to attract new business when no one is willing to come in and do business."
Seidler and Councilman Mike Costarella both said the camera also generated unnecessary bad publicity for the city.
Seidler said camera speed enforcement may flourish in other communities, but the technology is likely finished in Girard.