The suit was filed in 434th District Court by attorney Scott Stewart on behalf of Helwig Van Der Grinten and James Dalton. In addition to the city, the lawsuit names Mayor Joe Zimmerman, Police Chief Doug Brinkley and City Manager Allen Bogard as defendants.
Van Der Grinten lives in Sugar Land but it is not clear where Dalton resides.
The lawsuit alleges that Sugar Land did not conduct the proper traffic engineering studies at the intersections where red-light cameras have been placed, as called for in Chapter 707 of the state transportation code.
The code allows municipalities to use such camera systems but the suit makes another, much broader argument that Chapter 707 is in itself unconstitutional. The plaintiffs claim the code denies citizens the right to due process.
“When a cop pulls somebody over, that cop can testify in court, ‘I saw him and this is what he did.’ A camera can’t do that,” Stewart said.
The suit requests an injunction against Sugar Land be granted stopping the city from operating the camera system. It also asks for reimbursement of monies collected from drivers over the past two years.
Sugar Land has cameras at 6 intersections: Hwy. 6 at Lexington Boulevard, West Airport Boulevard at Eldridge Road, Hwy. 6 at Hwy. 59, Hwy. 90 at Dairy Ashford Road, Eldridge and Lombardy roads, and University Boulevard and Elkins Road, according to the city.
Operation and maintenance of the cameras cost $545,000 for fiscal year 2016-17, said Doug Adolph, Sugar Land assistant director of communications.
The city issued the following statement in relation to the lawsuit:
“We have not received this lawsuit. Sugar Land’s red light camera system is an innovative use of technology that makes our intersections safer for motorists and pedestrians. The use of cameras has resulted in a reduction in accidents. The City’s red light camera system complies with Texas law and professional engineering standards established by the state.”
