BUFFALO, N.Y. — New York State Supreme Court Judge Henry Nowak issued a decision that will allow people to be included in a class action lawsuit.
Attorney Kevin Stocker filed a lawsuit against the City of Buffalo in 2021. The lawsuit claims the speed camera program in school zones was unconstitutional and the reduced speed limits created dangerous conditions.
The program started after delays caused by the COVID-19 pandemic, in the fall of 2020 and 20 cameras near school zones started issuing tickets to speeding drivers.
"It was a cash grab, in my opinion," said Stocker. "It had nothing to do with safety."
After a long back and forth in court since 2021, Judge Nowak ruled that anyone who a school zone speeding ticket, initiated by one of the speed cameras, with a pay or plea due date on or before November 19, 2020, would be part of the class action.
"We've been in court, we've got another court date coming up in the next week or two," Stocker said. "We're trying to do our best and working with the city and the company that sold them the software around that product and they might not be as eager to resolve it as we are."
It is believed the city generated at least $1.8M in revenue in the one school year the program was up and running.
"We think the revenue will be somewhere between two and $3 million," Stocker said. "The city hasn't provided the data through the disclosure yet that we've requested."
The fines issued to drivers were $50 for a first offense, $75 for a second offense, and $100 for a third offense.
The number of drivers who would be eligible for the class action lawsuit could be in the tens of thousands.
"It targeted a lot of people that might be hard-working poor, targeted people that were struggling due to the COVID and maybe laid off to their job," Stocker said. "It's truly my intent to make sure these people see their money back."