Ohio

Akron's Speeding Laws Are Valid Under Home Rule

By Cleveland Law Library

Yesterday, the Ohio Supreme Court provided guidance to a Cleveland federal district court that certified a question concerning the legality and enforceaiblity of Akron's speeding ordinance. In Mendenhall v. Akron, 2008-Ohio-270, the Ohio Supreme Court held that Akron has the authority under the "home rule" provisions of Ohio's Constitution (Section 3, Article XVIII) to create an automated system for traffic enforcement that does not conflict with state law. The Court further held that Akron's speeding ordinance is a valid exercise of its police powers. The Court's recitation of the certified question indicates that the federal court would apply the same reasoning to issues regarding red-light cameras. However, the Court did not address other potential challenges to the legality of either speeding red light camera ordinances. The dockets and court documents in the underlying federal cases can be found at PACER, using case nos. 5:06 CV 0139 and 5:06 CV 0154. Click here to read the Supreme Court's Press Release.

Full post as published by Cleveland Law Library Weblog on February 01, 2008 (boomark / email).