Towns across America are once again relying on an old scheme to generate revenue: Turn their police forces into collection agencies to squeeze money out of the citizens they are sworn to protect.
From Texas to Ohio, municipalities are using law enforcement to counteract declining tax bases through the aggressive enforcement of fineable offenses such as speeding. A 2019 report estimated that nearly 600 jurisdictions nationwide generate at least 10% of their general fund revenue through fines and forfeitures.
Speed traps are not new, of course. In 1975, for example, The New York Times reported on an especially lucrative ticket-writing campaign in Fruithurst, Alabama.
Yet, the current initiatives erode community trust, harm public safety and violate Americans’ constitutional rights. And the scale, of both the number of tickets written and the amount of money collected, is astounding.
In Peninsula, Ohio, police used handheld speed cameras to issue 8,900 speeding tickets in only five months this year, generating at least $1.3 million in fines. That’s more than 16 tickets per resident in the community of 536 people.
The village, with an annual budget of about $1 million, collected $400,000 in fines. The private company that supplies the cameras, Targeting and Solutions Ltd., received more than $250,000 in fines issued to motorists.
Worse, Peninsula requires individuals to pay a $100 fee to contest a citation in municipal court. Those who can’t afford the fee are stripped of their constitutional right to due process. Even those who can afford the fee risk nearly doubling the cost of their ticket if the fine is upheld. Even if you believe you’re innocent, the rational thing to do is just to pay.
Last week, a judge ordered the village to suspend the fee.
Other municipalities have enacted their own policing-for-profit programs. In Brookside, Alabama, the town of about 1,200 residents saw its revenue increase more than 640% in only two years, according to AL.com, after police began an aggressive traffic stop and ticket-writing campaign. Fines and forfeitures made up almost half of the town’s budget.
When traffic stops aren’t ‘routine’:For Black Americans in traffic stops, ‘We carry the burden of ensuring we are not murdered’
Police wrote 5,000 tickets in town of 250 people
In Texas, Coffee City, with a population of about 250 people, hired 50 full-time and reserve police officers, who wrote more than 5,000 citations last year. The town collected more than $1 million in fines.
Courts have recognized that generating more than 10% of revenue from fines and fees raises serious constitutional concerns. Peninsula generated four times that percentage, Brookside five times, Coffee City six times.
Moreover, these programs often violate other constitutional rights like protections against unreasonable searches and seizures, or the prohibition against the issuance of excessive fines.
Traffic fatalities are up:The most deadly traffic policy you’ve never heard of leaves you vulnerable, too
Beyond these constitutional problems, a 2019 study performed by the Institute for Justice showed that a heavy reliance on fines or fees can reduce a community’s trust and cooperation with its police department. An unrelated 2018 study found cities that rely on fines solve violent and property crimes at significantly lower rates.
Nothing about these schemes has anything to do with helping the public. If it did, municipalities wouldn’t need to engineer bogus reasons to pull someone over or impose fees designed to dissuade individuals from appealing their tickets.
If Peninsula’s program was meant to promote public safety, as officials claim, the village would’ve done more to warn the 12,000 visitors who pass through town while visiting Cuyahoga Valley National Park. Instead, Peninsula warned its residents that the tickets would be coming, but provided no such alert to visitors.
Government shouldn’t treat citizens like a piggy bank
No government should be allowed to treat citizens like ATMs. The Constitution is meant to safeguard the American people from government abuses like this.
The Institute for Justice has sued dozens of local governments for infringing on citizens’ rights by collecting unreasonable fees through procedures that violate individuals’ rights to due process. In Peninsula, the institute warned village officials that they needed to bring their speed enforcement program into compliance with the Constitution or face a lawsuit.
These revenue-generating initiatives are a nuisance to communities across America. They abuse people’s civil liberties, destroy community trust and harm public safety. Luckily, the liberties enshrined in the Constitution can help Americans stand up to towns like Peninsula and force them to stop treating citizens like walking piggy banks.
Matthew Prensky is a writer and Rob Johnson is a senior attorney at the Institute for Justice.
