ARLINGTON, Va.— Today, the Institute for Justice (IJ) sent a letter to officials in the city of Willoughby Hills, Ohio, formally calling on the city to reform their traffic camera enforcement system, which forces drivers to pay a fee to obtain the opportunity to contest their traffic ticket in court. This system is an unconstitutional money-making scheme meant to enrich the city while depriving people of their rights. 

“The Constitution protects the right to due process of law before citizens are deprived of their property, including money,” said IJ Attorney Bobbi Taylor. “Forcing someone to pay a fee to prove their innocence goes against this principle.”  

Willoughby Hills forces drivers to pay a $25 “filing fee” if they wish to appeal a ticket issued by the city’s traffic photo enforcement system. Their appeal won’t be processed until the fee is paid, which effectively puts justice and a person’s right to due process behind a paywall.  

In 2023, IJ successfully stopped a similar unconstitutional court fee system charged by the village of Peninsula, Ohio and the Stow County Municipal Court. IJ’s work in Peninsula led us to learn about the city of Willoughby Hills’ unconstitutional fines and fees scheme. 

Like Peninsula’s court fee system, Willoughby Hills’ fee scheme is a flagrant violation of Ohioans constitutional rights. Ohio state law doesn’t allow municipalities to charge drivers for court costs related to traffic camera enforcement. Moreover, both the Ohio and U.S. Constitution guarantee the right to due process and access to the courts. The U.S. Supreme Court has ruled multiple times that Americans have a right to a hearing before they can be deprived of their property, which in this case is their money. 

IJ has a long history of fighting making-money schemes that prioritize profit over safety and deprive Americans of their constitutional rights. IJ has sued dozens of local governments for infringing on peoples’ rights by collecting unreasonable fees, including through procedures that violate the Constitution’s due process clause. IJ’s litigation includes Timbs v. Indiana, in which the U.S. Supreme Court ruled that the U.S. Constitution’s protection against excessive fines applied to state and local governments.