McLaren Law Firm in the News: Louisiana Proposed Ban on Traffic Enforcement Cameras
In a bold move that's sparking debate across Louisiana, State Senator Alan Seabaugh of the Shreveport area has launched a legislative campaign against traffic enforcement cameras, proposing a statewide ban on these devices. Citing concerns over constitutionality and the distribution of fine revenues, Senate Bill 21 aims to eliminate the use of automated speed enforcement devices, mobile speed cameras, and red-light cameras throughout the state.
Seabaugh's distaste for these cameras is clear: "I don’t really like them. I don’t think they should have ever been here," he stated, adding that several states have already taken steps to outlaw them. The senator's primary concern is that the fines collected by these cameras end up benefiting the operating companies and the municipalities that employ their services, rather than supporting local legal and judicial systems.
The proposed bill, Senate Bill 21, set to be discussed in the upcoming regular session, would mark a significant shift in how traffic laws are enforced in Louisiana. Seabaugh argues that traffic enforcement cameras infringe upon constitutional rights, suggesting that their operation amounts to "a deprivation of rights without due process."
Beyond constitutional issues, Seabaugh highlights the financial implications for local district attorneys and public defenders, whose budgets are partly funded by court costs associated with traffic violations. He contends that the revenue generated by these cameras, often managed by out-of-state companies, ultimately burdens taxpayers without benefiting local legal infrastructures.
However, the debate isn't one-sided. Municipalities like New Orleans, facing police staffing shortages, rely on these cameras as supplemental enforcement tools. They argue that the cameras play a crucial role in traffic safety, especially in school zones. "Driving is the most dangerous activity that New Orleanians engage in every day," reads a city press release, underscoring the importance of the Traffic Camera Safety Program in protecting residents, particularly children.
Matthew McLaren, a local criminal defense attorney with experience in traffic ticket cases, points out another dimension to the controversy. He suggests that traffic cameras remove the discretion of police officers who traditionally decide when to issue tickets. The review process by a police officer, he notes, is how municipalities justify using these cameras.
Despite generating significant revenue—New Orleans reported $23.8 million from traffic cameras in 2023—the distribution of these funds remains opaque. Questions persist about the percentage of fines that go to the city versus the administrative fees collected by companies like Terra Mobility, which manages New Orleans' traffic enforcement cameras.
As Senate Bill 21 advances to the legislative floor, its implications extend far beyond traffic law enforcement, touching on constitutional rights, local economies, and the very fabric of public safety strategies. With varied stakeholders from across the spectrum weighing in, the future of traffic enforcement cameras in Louisiana hangs in the balance.