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Lawsuit filed

Group files civil suit over traffic cameras

LISBON — A citizens group which was denied in its efforts to have East Liverpool’s use of traffic cameras placed on the ballot in November has now filed a lawsuit against the city, city Auditor Marilyn Bosco and the county board of elections.

Attorney Mark A. Hanni, representing the East Liverpool Citizens Against Traffic Cameras, filed the civil lawsuit on Monday in Columbiana County Common Pleas Court.

Hanni and his clients claim Bosco exceeded her authority and discretion in August when she refused to certify the petitions filed by the citizens group to place the ballot initiative on the November ballot. Bosco’s actions came after the county elections board had certified there were enough valid signatures collected.

The ballot issue sought to prohibit the use of the traffic cameras, which began in the city on April 27, shortly after city council passed an ordinance setting up the traffic cam program. This prompted the citizens group to collect the signatures in July. In a short letter dated Aug. 9, Bosco told the group she refused to certify the sufficiency and validity of the committee’s petition to the board of elections.

One of the reasons she gave was that the citizens group waited too long to file the petition. Although the paperwork was filed prior to the deadline to place items on the November ballot, Bosco cited a 2008 Fifth District Court of Appeals decision from a case in Stark County. That case involved the city of North Canton, but not traffic cameras.

Bosco claimed as in that case the group should have filed for a referendum and not a initiative petition and all referendums must be filed within 30 days of the ordinance being passed by council.

However, in the lawsuit, Hanni said the citizens group had researched other initiative petitions filed in other Ohio cities with issues similar to the traffic camera issue and prepared its ordinance to mirror one involving prohibiting the use of traffic cameras, which did pass in the other city.

In refusing to certify the initiative to the ballot, Hanni argues Bosco denied members of the committee and city voters the chance to decide.

The lawsuit seeks an injunction to force the item onto the ballot.

“The committee and (Donald) Bean have a meritorious claim and will suffer irreparable harm for which there is no remedy at law if East Liverpool, Bosco and the Board are not enjoined as requested in this motion,” Hanni wrote in his request for the injunction.

Bean, who of the leaders of the petition drive, asked the board of elections to overrule Bosco’s decision in August, but the board director, Adam Booth, told him their legal counsel determined the board of elections was not the proper venue for the appeal.

Bean on Monday sent a statement regarding the decision to file a lawsuit.

“We regret it has come to this point,” Bean wrote, “however, we believe the auditor’s ruling was unjust. The Ohio Constitution allows citizens to propose ordinances for a vote through a process called an initiative petition. We followed this process, proposed an ordinance, and obtained more than enough signatures to place the issue before voters. Sadly, city officials have denied our legal and constitutional request without warrant.”

Bean continued by questioning why the city and Bosco would deny the group the right to petition the government and bring the issue for a vote of the citizens of East Liverpool.

“This is not acceptable and should not be tolerated regardless of one’s feelings about the traffic cameras,” he said. “We recognize that not everyone agrees with our position. The benefit of a democratic system is that it affords citizens the right to voice their concerns through the voting process. Our lawsuit is an effort to restore this right to the citizens of East Liverpool.”

At a council meeting in early September it was reported $243,490 had been generated to that point by the traffic cam program.

The case has been assigned to Common Pleas Judge C. Ashley Pike.

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