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Rogersville city attorney calls traffic cameras a bad idea
ROGERSVILLE — Rogersville leaders will talk to a company about the possibility of posting traffic enforcement cameras on Highway 11-W, but City Attorney Bill Phillips said Tuesday he thinks it’s a bad idea.
Alderman Philip Beal placed the subject of photo enforcement cameras on the agenda for Tuesday’s Rogersville Board of Mayor and Aldermen meeting “for discussion” purposes only.
Beal said he’d been contacted by several concerned citizens about speeding on Highway 11-W. Beal was quick to note that the board has already agreed that it wouldn’t be interested in photo enforcement solely to raise revenue.
But local residents had asked him if either the speed limit could be lowered on Highway 11-W or if speed enforcement cameras could be installed, Beal added.
“A lot of people are concerned about the (Park Boulevard) red light and that intersection because we’ve had so many terrible accidents there,” Beal told the board. “We’ve had people killed and injured, and a lot of that was happening at the time the Kmart was open. Now it’s nearing time for the Justice Center to open (in the old Kmart building) and they’re going to be having court.
“There’s going to be a lot more traffic at that intersection.”
Alderman Brian Hartness said some local residents had mentioned the idea of traffic photo enforcement to him as well.
Mayor Jim Sells said his main concern with the idea is pending litigation regarding traffic photo enforcement across the state.
Phillips was able to give the BMA more details about that litigation.
“There are several cases that are on their way up (the Tennessee court system) and will eventually get into the federal system,” Phillips said. “I personally think it’s unconstitutional, and most lawyers I know think it is too. I think eventually it’s going to work its way up into the federal system, it’s going to be declared unconstitutional, and when that happens there’s going to be a class-action lawsuit against every city that has put those things in effect.
“You never know. It could go the other way.”
Phillips said he believes the cameras violate a citizen’s rights in several ways including their Fifth Amendment right against self-incrimination; convicting a person of a misdemeanor outside the presence of a police officer; allowing a private company to issue fines; and violating a citizen’s 14th Amendment right to confront their accuser.
“What are you going to do, confront the camera?” Phillips asked.
Alderman John Johnson said he could agree with the city buying its own mobile photo traffic system and only using it when manned by a police officer. Johnson said he couldn’t support stationary, unmanned systems like are in place in Mount Carmel and Kingsport.
“I think that’s more legal than one sitting up on a telephone pole,” Phillips said.
Sells said he wants the board to meet with representatives of the photo enforcement company and then discuss it further.
“They may be able to answer some of our questions,” Sells said. “They have a mobile unit and can put it on any street they want. I think we should listen to them, anyway.”
Sells said board members would be notified when an appointment with the company is scheduled.
In other business the BMA:
•Approved the first reading of an ordinance rezoning the old tobacco warehouse property on Reno Street owned by local developer Roger Stewart from R-1 to R-2 to allow for the construction of planned unit development (PUD) housing units.
•Received a petition requesting that Rogersville City School Student Resource Officer Jim Shanks to be placed back into the school. Sells explained that the police department is currently shorthanded, which is why Shanks was pulled from SRO duty and reassigned. Sells said it’s a temporary situation but could not specify when the SRO will be placed back in the school.
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WAY TO GO....Mr. Phillips,
You HAVE just re-newed my faith that maybe some city,state,and local officials may still have have some of our constitutional rights at heart.!
Thank You Sir.
Simple, change the speed limit to 45 for the area approaching and after the intersection. Put cops there and give people tickets for speeding. Put unmarked police cars out there and give people tickets. After a while everyone will expect cops to be there and will slow down. But, cameras or not we will always have some idiots who are not paying attention to what they are doing. And cameras won't make them pay attention any more.
I can't wait until these cameras make their way to a local recycling facility. That will be the most good that these cameras have ever done for us.
The intersection there is intrinsically dangerous. You have 11W which is in essence a major multilane highway and Park there is an extremely steep road climbing up an embankment. Because of the hill (which is not removable) people sitting at the light have little visibility of oncoming traffic and don't see when someone is going to run the light until after they are moving. Yes, there are flashing yellow lights, but about once a year, someone doesn't see the light there and blast through it and smashes into someone who is legally turning left onto 11. There are a few other variations as well. Lowering the speed limit on 11W won't reduce accidents anymore than the yellow light did. The very few people who don't see the flashing yellow or the red light also won't see a speed limit sign. It's not a common occurrence, but when it happens with the right circumstances, there's a big accident and it's to do the topography of the land there, it's just not a normal place to have an intersection for this area.
Quite frankly, the decision to build the prison complex in its new location was incredibly stupid given that that decision will now make this fundamentally broken intersection the most travelled intersection in town, rather than one that people rightly try to avoid.
FINALLY SOME COMMON SENSE. THANK YOU MR. PHILLIPS FOR DEFENDING OUR CONSTITUATIONAL RIGHTS!!!!!! GIVE MR. PHILLIPS A TRICON HAT AND STAND UP AND SLAUTE THE RED WHITE AND BLUE!!!!!!!!!!!!
At last SOMEONE connected to a city's government with a brain! I can't wait for the lawsuits working their way through the courts to declare these things illeagal! Seeing Kingsport and the other municipalities using these things repaying all that money they collected plus penalties and interest will be a GREAT day!
"Hats off to Mr. Phillips, he is right they are unconstitutional. "
Amen!
What great news from the beautiful city of Rogersville,& it's attorney.But,citizens,could be some BMA members want to rip you off.Maybe you should check them OUT.FYI,I am lawabiding,try to drive safely.Even if these cameras are constitutional,a city government should not lay them on the backs of it's citizens.So much for "MOVE TO KINGSPORT",huh?
The Park Boulevard intersection has overhead signage announcing an upcoming intersection and flashing lights well ahead of the intersection. The incidents have nothing to do with K-mart being open or not or the lack of signage. They come from people being in too big of a hurry and not wanting to wait for oncoming traffic. You have people turning right off Park Boulevard to 11W who do not wait for oncoming traffic, you have traffic turning onto Park Boulevard, etc., etc., since it is the first major intersection allowing access to that end of town. Put a couple officers or park a few police cars with a "dummy" (that ought to bring out the comments...smile) to enforce.
Hats off to Mr. Phillips, he is right they are unconstitutional.
Hey citizens of Rogersville, we citizens of Kingsport didn't want cameras at our intersections either, but we got them anyway. Suck it up and get used to the fact that they are going to do what they want. It doesn't matter what you want.
Hey citizens of Rogersville, we citizens of Kingsport didn't want cameras at our intersections either, but we got them anyway. Suck it up and get used to the fact that they are going to do what they want. It doesn't natter what you want.
Uh, What? I need another cup of coffee. I'm having a hard time reading these comments.
I think that Mr. Beal would like for Rogersville to find a new way to make money. If there was such a concern, the should ask for officers to be there.
If you want to make money and make a difference, ask for drive way permits for roads like old stage road where Mr. Stewart continues to screw it up and yet our taxed go to pay for the clean up. Did you have any idea how many times the DOT has been out cleaning up his mess.
Another way is to have building permits.
DO NOT ADD THE PHOTO INFORCEMENT! I drive the speed limit, and I am mad!
Imagine that !
If the road is dangerous, have you done a traffic engineering study? Maybe there are improvements such as signage, signal visibility, or lane striping. Maybe the limits do need to be adjusted.
Do you really think that drivers who are safe at other locations in the city are driving extra dangerous at this location? No, of course not. Fix the intersection, NOT the drivers!
You buy real estate you call a Realtor. You got a law problem, you call a lawyer. When you have a traffic problem, you call a camera salesman? No! You call a traffic engineering firm. Come on guys, use your heads!