Updated: Saturday, 08 Aug 2009, 4:38 AM EDT
Published : Friday, 07 Aug 2009, 10:15 PM EDT
TEMPLE TERRACE - Making a right turn on North 56th Street and East Fowler on December 6, 2008, was pretty uneventful for David Bulluck. But then he got a notice in the mail.
"I received a notice of violation for what they said was violating this red light camera," said Bulluck.
The note claims that he had been caught running a red light at the very busy intersection. However, David is not buying it.
"I don't actually believe making a right on red is that dangerous to begin with. If they want to target people that were going through the intersection -- that's another story, " said Bulluck.
David claims he did stop before making a right turn but the camera never captured it. He hired a lawyer, fought the ticket and won.
But now David and four others are taking it a step further. They have filed a class action lawsuit against the city of Temple Terrace and ATS, the creators of the traffic technology. In the suit, they claim the red light system goes against Florida law.
“It’s illegal for the state to do it. It’s illegal for the city to do it,” said attorney Jack Townsend.
But Temple Terrace City Attorney Mark Connolly says the city has every right to pass and enforce new traffic rules.
"Florida statutes and the home-rule power provided to cities like Temple Terrace gives us the ability to have a system like we've implemented, " said Connolly.
Since the traffic enforcement program was green lighted last October, city officials say they have cited more than 19,000 red light runners.
While the city believes the red light system provides a positive safety measure, David believes it's just another way for the city to make a quick buck.
"I characterize it as the city gouging it's citizens, " said Bulluck.
The City of Temple Terrace has until the end of August to file a response to the lawsuit.
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