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'The fees are now illegal'

The courts ruled last year that the fees tacked onto fines for running red lights were illegal. The red-light camera programs in both Nassau and Suffolk counties could cost millions of dollars in legal settlements. Newsday's politics reporter Candice Ferrette has more.  Credit: Newsday Studios

Red-light camera programs that could cost the two Long Island counties millions of dollars in legal settlements are emerging as a divisive political issue this election season.

The courts ruled last year that the fees tacked onto fines for running a red light were illegal, a decision that could result in county lawmakers determining how to pay legal settlements that could cost up to hundreds of millions of dollars. Suffolk ended its red-light camera program in December after charging drivers $30 in illegal fees on top of the $50 fine. Nassau still uses the cameras but stopped charging the $100 in fees on top of the $50 fine. 

As the court cases — now on appeal — move through the courts, the plaintiffs want the illegal fees returned, making the financial liability a taxpayer pocketbook problem for candidates, experts say. 

Lawrence Levy, executive dean of the National Center for Suburban Studies at Hofstra University, likened the red-light camera program to that of congestion pricing for its "good government motive" aimed to improve traffic safety, charging drivers who violate the law while gaining money to help pay for the county police department. 

"It's a real tough one for politicians to gauge because of the mix of potential court cases and legislative actions that could be taken and the general mood of the public about anything that could be seen as a tax by another name," Levy said of the program and lawmakers' stance on whether to end it and how to reimburse drivers. "When it comes to an election, this issue is difficult to approach through the usual partisan lens that politicians usually apply."

Proponents of the program say the hundreds of cameras have lowered the number of serious and fatal crashes at intersections. But those opposed have questioned the data, citing an increase in rear-end crashes, calling it a municipal cash grab.

Just how to proceed with making drivers whole would be a question candidates in the race for Nassau County executive would have to answer should they win. 

Nassau County Executive Bruce Blakeman, a Republican who kicked off his reelection campaign last week with a focus on public safety, did not answer Newsday's questions about how he might deal with any legal outcome should he win a second term. 

His spokesman, Chris Boyle, did not respond to Newsday inquiries  about whether the county would follow Suffolk in discontinuing the program, whether drivers would ever get their money back or how the county would pay for a possible legal settlement. Blakeman instead issued a statement saying, "It’s one of many messes left to the County Executive by his predecessor that he’s in the middle of cleaning up."

Asked how the Nassau Republican Party, which is backing Blakeman, might address the issue during this year's campaign, Chairman Joseph Cairo said GOP officials "will comply with the law as it relates to the red-light camera safety program," stressing that Blakeman is focused on "genuine taxpayer relief."   

Nassau's red-light ticket fees had cost motorists $150, including a $50 fine, a $45 "driver responsibility fee" and a $55 "public safety fee."

Meanwhile, Nassau Democrats, despite supporting the program for years, recently have been hammering Blakeman and Republicans, urging them to give the money back. 

Legis. Seth Koslow (D-Merrick), challenging Blakeman in the  county executive's race, has proposed the "Fair Fees Accountability Act," which would refund drivers who have paid the fees over a five-year period through the creation of a fund managed by an independent oversight committee. He announced his plan in December and reiterated calls to reimburse drivers in opinion pieces in community publications earlier this month. 

With the program proving to be a political lightning rod, a push to bring them back is nearly nonexistent in Suffolk County, according to Presiding Officer Kevin McCaffrey (R-Lindenhurst). 

"Whenever we say we ended the program, people applaud. When we're at political events or just regular community events. There are a lot more people who say 'good riddance' as opposed to 'bring them back,' " McCaffrey said. 

In addition to having to explain how they might put money back in the pockets of drivers, elected officials will likely need to address how they would replace a reliable revenue stream.

Nassau generated $64 million in 2022 from red-light camera fees, according to the most recent report available. The program generated $59 million in revenue in 2021, $52 million in 2020, $69.9 million in 2019 and $80.2 million in 2018, county data shows.

Suffolk’s 2023 annual red-light camera report, the most recent available, shows the county collected more $90.5 million in fees between 2013 and 2023, Newsday reported. 

Both counties have operating budgets hovering around $4 billion. 

The court cases challenging the fees were filed in Suffolk in 2020 and in Nassau in 2022. Since last November's ruling by the Appellate Division, Second Department, both counties have applied to have their appeals heard in New York’s highest court, the Court of Appeals. 

David Raimondo, an attorney representing drivers against the counties, said he believes Nassau County wants to resolve the case but is stalling.

Whoever "is the next county executive will have to deal with this fiscal responsibility," Raimondo said. "It's going to be in their lap and it's got to be addressed. Any candidate running for public office should want to settle these cases now and exercise fiscal responsibility on behalf of taxpayers."

Red-light camera programs that could cost the two Long Island counties millions of dollars in legal settlements are emerging as a divisive political issue this election season.

The courts ruled last year that the fees tacked onto fines for running a red light were illegal, a decision that could result in county lawmakers determining how to pay legal settlements that could cost up to hundreds of millions of dollars. Suffolk ended its red-light camera program in December after charging drivers $30 in illegal fees on top of the $50 fine. Nassau still uses the cameras but stopped charging the $100 in fees on top of the $50 fine. 

As the court cases — now on appeal — move through the courts, the plaintiffs want the illegal fees returned, making the financial liability a taxpayer pocketbook problem for candidates, experts say. 

Lawrence Levy, executive dean of the National Center for Suburban Studies at Hofstra University, likened the red-light camera program to that of congestion pricing for its "good government motive" aimed to improve traffic safety, charging drivers who violate the law while gaining money to help pay for the county police department. 

WHAT NEWSDAY FOUND

  • Red-light camera programs on Long Island face legal challenges over illegal fees, potentially costing millions in settlements and becoming a contentious political issue.
  • Nassau County continues using cameras but stopped charging additional fees, while Suffolk ended its program; candidates will have to address how to replace lost revenue.
  • The program's effectiveness is debated, with proponents citing reduced crashes and opponents labeling it a cash grab; political candidates face pressure to resolve the issue responsibly.

"It's a real tough one for politicians to gauge because of the mix of potential court cases and legislative actions that could be taken and the general mood of the public about anything that could be seen as a tax by another name," Levy said of the program and lawmakers' stance on whether to end it and how to reimburse drivers. "When it comes to an election, this issue is difficult to approach through the usual partisan lens that politicians usually apply."

Proponents of the program say the hundreds of cameras have lowered the number of serious and fatal crashes at intersections. But those opposed have questioned the data, citing an increase in rear-end crashes, calling it a municipal cash grab.

Nassau County exec race

Just how to proceed with making drivers whole would be a question candidates in the race for Nassau County executive would have to answer should they win. 

Nassau County Executive Bruce Blakeman, a Republican who kicked off his reelection campaign last week with a focus on public safety, did not answer Newsday's questions about how he might deal with any legal outcome should he win a second term. 

His spokesman, Chris Boyle, did not respond to Newsday inquiries  about whether the county would follow Suffolk in discontinuing the program, whether drivers would ever get their money back or how the county would pay for a possible legal settlement. Blakeman instead issued a statement saying, "It’s one of many messes left to the County Executive by his predecessor that he’s in the middle of cleaning up."

Asked how the Nassau Republican Party, which is backing Blakeman, might address the issue during this year's campaign, Chairman Joseph Cairo said GOP officials "will comply with the law as it relates to the red-light camera safety program," stressing that Blakeman is focused on "genuine taxpayer relief."   

Nassau's red-light ticket fees had cost motorists $150, including a $50 fine, a $45 "driver responsibility fee" and a $55 "public safety fee."

Meanwhile, Nassau Democrats, despite supporting the program for years, recently have been hammering Blakeman and Republicans, urging them to give the money back. 

Legis. Seth Koslow (D-Merrick), challenging Blakeman in the  county executive's race, has proposed the "Fair Fees Accountability Act," which would refund drivers who have paid the fees over a five-year period through the creation of a fund managed by an independent oversight committee. He announced his plan in December and reiterated calls to reimburse drivers in opinion pieces in community publications earlier this month. 

With the program proving to be a political lightning rod, a push to bring them back is nearly nonexistent in Suffolk County, according to Presiding Officer Kevin McCaffrey (R-Lindenhurst). 

"Whenever we say we ended the program, people applaud. When we're at political events or just regular community events. There are a lot more people who say 'good riddance' as opposed to 'bring them back,' " McCaffrey said. 

Once reliable revenue  

In addition to having to explain how they might put money back in the pockets of drivers, elected officials will likely need to address how they would replace a reliable revenue stream.

Nassau generated $64 million in 2022 from red-light camera fees, according to the most recent report available. The program generated $59 million in revenue in 2021, $52 million in 2020, $69.9 million in 2019 and $80.2 million in 2018, county data shows.

Suffolk’s 2023 annual red-light camera report, the most recent available, shows the county collected more $90.5 million in fees between 2013 and 2023, Newsday reported. 

Both counties have operating budgets hovering around $4 billion. 

The court cases challenging the fees were filed in Suffolk in 2020 and in Nassau in 2022. Since last November's ruling by the Appellate Division, Second Department, both counties have applied to have their appeals heard in New York’s highest court, the Court of Appeals. 

David Raimondo, an attorney representing drivers against the counties, said he believes Nassau County wants to resolve the case but is stalling.

Whoever "is the next county executive will have to deal with this fiscal responsibility," Raimondo said. "It's going to be in their lap and it's got to be addressed. Any candidate running for public office should want to settle these cases now and exercise fiscal responsibility on behalf of taxpayers."

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