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Correspondence - Item 27
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04/21/2026 Regular, Special HA
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Correspondence - Item 27
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Program. In other words, this is not a dependable general-fund revenue tool. Oakland <br />now says its program costs about $1 million per year to operate. <br />Overall, using speed cameras as a mechanism to generate revenue for desired <br />government projects is not only bad for residents, it is self-defeating. <br />The Speed Camera Program is Legally Suspect <br />Cities considering whether to operate a speed camera program under AB 645 should <br />understand that they would be stepping into a pilot program with real litigation risk, <br />not a settled enforcement model. AB 645 raises serious legal questions because it <br />applies existing California speed laws through a stripped-down camera process that <br />gives motorists fewer practical protections than ordinary traffic enforcement, while <br />still imposing liability and collecting money. That design creates serious due process <br />and equal protection vulnerabilities. Participating cities could be forced to defend <br />costly lawsuits, unwind their programs, and refund large sums that may already have <br />been spent on vendors and operating costs. <br />That risk is not hypothetical. In March 2026, a Florida court dismissed a red-light <br />camera citation after holding that the statutory scheme was unconstitutional as applied <br />because it treated the registered owner as responsible and shifted the burden away <br />from the government to prove the actual violation. California’s statute raises similar <br />issues because it also uses a registered-owner ticketing model to enforce driver-based <br />traffic laws through documentary presumptions and a thinner hearing process. That is <br />more than enough to invite expensive test-case litigation against any city that jumps in <br />early. <br />Cities should also remember what happens when camera programs unravel after <br />money has already been collected and spent. On Long Island, Suffolk County has <br />faced potential refund exposure of roughly $91 million over illegal red-light camera <br />add-on fees, while Nassau has faced litigation over far larger sums tied to unlawful <br />camera charges. The financial and political damage is real. AB 645 itself requires <br />participating jurisdictions to track revenues, costs, dismissals, and delinquent <br />violations, which means the exposure will be visible if the legal foundation cracks. The <br />prudent course is to wait until the pilot cities have absorbed the first round of legal
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