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Judge overrules keeping Elmwood cams running during appeal

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Judge overrules Elmwood Place's motion requesting to keep speed cameras running while drivers await a decision on the village's appeal. Judge overrules Elmwood Place's motion requesting to keep speed cameras running while drivers await a decision on the village's appeal.
CINCINNATI, OH (FOX19) -

Judge overrules Elmwood Place's motion requesting to keep controversial speed cameras running while drivers await a decision on the village's appeal.

The decision comes as an Attorney representing drivers files two new motions in Hamilton County court.

Attorney Mike Allen is now seeking a class action lawsuit.

"We're attempting to recover money for those people who shelled out $105 to pay the village of Elmwood and Optotraffic," Attorney Mike Allen explained.

Allen says they will also be going after damages, penalties and interest.

The village's police chief, however, is standing firm.

"We're not really concerned about the class action lawsuit," Chief William Peskin told FOX19 Thursday.

Peskin says he is confident in the village's appeal.

"Ohio Supreme Court rulings have upheld what we're trying to do here," he argued.

"I expect that if we win our appeal at the state, which I fully expect we will do, that class action lawsuit will disappear," village council member Jerald Robertson said.

The second issue being debated is whether the village is ignoring the judge's order. 

"Optotraffic, the vendor that Elmwood is using, is still sending out notices for court hearings," attorney Mike Allen alleged.

Allen showed FOX19 a letter dated March 11th supporting his allegation. Chief Peskin maintains they've been one hundred percent compliant with the judge's March 7th injunction.

"Anything that anybody's received after that date was prior to," he said. "There's just a delay in mail. We have not issued anything after the judge's ruling."

Allen believes the judge's injunction keeps the cameras from being turned on at all, even if they are not spitting out tickets.

"If Optotraffic and the Village of Elmwood still have those cameras going, in my opinion, it's a violation of judge [Robert] Ruehlman's order," Allen argued. "They don't get it. He said ‘Stop it Elmwood, shut it down'."

On the other hand, Peskin argues they are not issuing citations, just monitoring traffic.

"The cameras are out there. They're currently tracking the speeds and the count of the traffic travel," Peskin said. "We want to see if there's a difference after the cameras were turned off."

Allen's office says they received over 300 calls and emails Thursday alone from people who have already paid tickets.

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