Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith
v.
City of Cedar Rapids and Gatso USA, Inc.
Plaintiffs, six motor vehicle owners who received notices of speeding violations, filed suit alleging that the City of Cedar Rapids’ Automatic Traffic Enforcement (ATE) system and its implementation violate various provisions of state law. Summary judgment was entered in favor of the defendants and was affirmed by the court of appeals on appeal. Plaintiffs seek further review, arguing: (1) the Cedar Rapids Municipal Code section 61.138 is preempted by Iowa Code section 364.22(4), (6) and 602.6101, as applied, where it requires an administrative hearing process to contest a municipal infraction; (2) the ordinance and its application violate plaintiffs’ substantive due process rights as a violation of their fundamental right to travel; (3) the City of Cedar Rapids has unlawfully delegated its police powers to Gatso USA, Inc., where Gatso controls the discretionary aspects of the program; (4) the City and Gatso are unjustly enriched by the ordinance; (5) the plaintiffs’ procedural due process rights were violated by the required attendance of an administrative hearing to contest their infractions; and (6) a private cause of action exists for violations of the Iowa Constitution.
Applicant
Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, and Geoff Tate Smith
Resister
City of Cedar Rapids and Gatso USA, Inc.
Attorney for the Applicant
James C. Larew
Attorneys for the Resister
Elizabeth D. Jacobi
Paul D. Burns
Laura M. Hyer
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 13, 2018 9:00 AM
