City Attorney Dave Feldman said Friday’s ruling will force the city to choose from canceling the contract with American Traffic Solutions — which might cost the city $16 million — or keeping the contract in force and turning the cameras back on. A third choice would be to hold another referendum and ask voters which of the two options to choose, he said.
“We lost on the issue of the validity of the charter amendment, so what the court is saying (is), ‘OK city, now decide what you’re going to do with the contract,’ ” Feldman said. “We need to decide how we’re going to move forward and what position we’re going to take with the contract in light of the fact he’s declared the charter amendment invalid.”
Mayor Annise Parker said Friday afternoon that although she supports the use of red-light cameras and has the authority to turn them back on, she will not do so before conferring with the City Council and possibly the voters.
“The cameras are going to stay off until council is fully briefed, and we have an opportunity to discuss all of our legal options and choose one of those legal options,” the mayor said.
Complicating matters for Parker is that the city is still in a contract dispute with ATS over damages the company suffered when the city turned off the cameras.
The mayor said she and the City Council received sound legal advice last year from the city attorney, who advised that they were mandated to put the question on the November ballot.
Which is the exact opposite of what the judge said, as observed by JJ in the comments. Be that as it may, it will be very interesting to see how Council members react to this. As we know from the precinct data, the strongest opposition to red light cameras by far came from African-American neighborhoods. Republican and Anglo Democratic neighborhoods were the strongest proponents, with Latino and multicultural neighborhoods being modestly opposed. I think it’s reasonable though not certain to assume that the four African-American Council members would oppose turning the cameras back on, though the prospect of paying $16 million to ATS might mitigate against that. CM Sullivan is a known opponent of the cameras. On the flipside, CMs Lovell and Clutterbuck are known to favor the cameras, and I’d expect Pennington and Stardig to go along with their voters. That’s five probably against, four probably in favor, and four that are up for grabs. Should make for a lively debate, that’s for sure.
Putting the question of reinstating the cameras or paying off ATS up for another vote strikes me as the least messy way forward at this point. The questions then become how big a factor is the potential hit to the budget in affecting voter behavior, and how does the change in participation levels from an even-numbered year to an odd-numbered year move the numbers? The two groups with the loudest opinions are also the ones that tend to vote the most in city election years, but there’s still dropoff for each. As for the first question, the irony is that the city might argue that the voters didn’t really know what they were voting for when they supported removing the cameras, which would no doubt make Paul Bettencourt’s head explode. Nobody ever said consistency was a virtue in politics. This is going to be fun to watch, I’ll say that much.