According to the Montgomery County Common Pleas Court, the Ohio law requiring a police officer to be present during operation of traffic cameras, SB 342 , violates the Home Rule provision of the Ohio Constitution. The Court granted a permanent injunction in favor of the City of Dayton to stop the state law from going into effect. See City of Dayton v. State, Montgomery Case No. 2015-CV-1457, Decision, Order and Entry Sustaining in Part the Motion for Summary Judgment of Plaintiff City of Dayton, Ohio and Overruling Defendant State of Ohio’s Motion for Summary Judgment, (Apr. 2, 2015).
Other cities have also filed suit claiming SB 342 is unconstitutional. See Toledo Granted Preliminary Injunction to Halt State Traffic Camera Restrictions. The Montgomery County Court of Common Pleas is the first court to grant a permanent injunction to halt the state law.
