Since 2009, the City of Gretna, Louisiana has used a third-party contractor, Redflex Traffic Systems, Inc., to issue speeding citations through the mail based upon radar/photographic equipment. The citation is issued to the registered owner of the vehicle, who is required to pay the citation or request an administrative hearing within thirty days. The citation recipients are not afforded a trial. Indeed, the citation is never deposited with any court. Instead, the cited driver is only allowed an administrative hearing before a hearing officer who is not a judge. Moreover, cited vehicle owners are charged $30 for the hearing if they contest their citation and are found liable by the hearing officer.
On April 22, 2016, a lawsuit was filed by the law firm of Hudson, Potts & Bernstein, LLP against the City of Gretna and Redflex Traffic Systems, Inc. Amongst other things, the lawsuit contends that the ordinance used by the city, the deprivation of the vehicle owner’s right to a trial, and the method of proof used in these hearings is in violation of Louisiana state law and the Louisiana Constitution. The lawsuit seeks a refund of all fines and costs collected, a declaration that the ordinance is illegal, and an injunction prohibiting the City and Redflex from continuing to issue these citations.