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Iowa Supreme Court Says DOT Doesn’t Have The Authority To Regulate Traffic Cameras

I have been writing in opposition to traffic cameras for a few years now (you can find all of my articles and posts on traffic cameras here).  They are consistently controversial and violative of basic rights as described in the article below.

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DES MOINES — The Iowa Supreme Court has ruled in favor of cities and their use of traffic cameras.

Cedar Rapids, Des Moines and Muscatine argued the DOT does not have the right to make rules that forced them to move or take down traffic cameras. The Supreme Court ruling agrees –saying while the Iowa Legislature gives the agency specific authority in other areas — traffic cameras are not included.

The DOT had argued the camera rules fall under their authority to remove “obstructions” from highway right-of-ways. But the Supreme Court says that’s a stretch because the cameras are on poles over the highway and the DOT was okay with cameras just being shut down and not removed.

The ruling says under the DOT argument, if the cities decided to station numerous patrol cars on Interstates 380 and 235 to catch and ticket speeders, the DOT could not issue a rule banning the practice on the grounds that it has “jurisdiction and control” over the highways.

The Supreme Court says when the legislature has given an agency general rulemaking authority but has also granted specific authority in particular areas, the agency cannot then extend the specific grants beyond their scope. It cited an earlier case where the court ruled that the DNR had the authority to quarantine a deer with CWD, but did not have the authority to quarantine the land where the infected deer was discovered, because the DNR was not given that specific authority.

The ruling says the ban on the use of drones for traffic enforcement passed in 2014 shows the legislature has the ability to enact rules for new types of traffic enforcement, but says lawmakers have not taken the step for traffic cameras.

Here’s the full ruling: Traffic-Camera-ruling-PDF

Originally published on April 27, 2018 by KGLO and can be found here.

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Are Traffic Cameras Rigged Against Drivers?

I have been writing in opposition to traffic cameras for a few years now (you can find all of my articles and posts on traffic cameras here).  They are consistently controversial and violative of basic rights as described in the article below.

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There are some studies that have found that traffic cameras slow down traffic, increase wait times, and fuel an increase in rear-end accidents.

And critics say that they are more about trying to make money for the state than they are about trying to keep the roads safer. The intentions behind them might have been good, but in the end the cameras might be causing more harm than any good.

While some studies have found negative results from the traffic cameras, there are others, such as one that was funded by the Insurance Institute for Highway Safety, which found different results; that they allegedly reduced collisions.

However, it appears that a growing number of people are starting to question the efficiency of the cameras; considering the resources that go into maintaining and replacing them etc. As well as the billions of dollars in funding that they are helping to collect for the state.

Are they causing more harm than good?

One recent study that looked at 148 intersections that were located in at least 28 different cities in the US, found that the total number of crashes had increased roughly 10.14 percent compared to the data they had collected prior to installing traffic cameras.

There have been several attempts to ban red-light traffic cameras and to have them removed from various jurisdictions, some public officials have even including it as a campaign promise to voters. But many efforts thus far have failed. However, they did have some success recently in Arizona a few months ago, after House legislators there decided to pass a bill to get rid of traffic cameras; sending it to the Senate for further approval.

The Senate in Texas has also recently voted to ban the use of traffic cameras statewide. One Senator from Texas, Sen. Don Huffines, previously declared that he wants the state to reimburse the victims of these traffic cameras and he wants the entire program turned off; he’s made multiple attempts to try and see that happen.

Regardless of the growing number of critics who are trying to make efforts to have the cameras removed, there are still a great deal of law enforcement personnel and other public officials etc, who maintain that there is a need to continue using them across the country.

One critic of the cameras, an engineer from Sweden, Mats Jarlstrom, who now resides in Oregon, decided to conduct his own investigation on the cameras and he was slapped with a fine from the state for having engaged in unlicensed practice of engineering because he isn’t a licensed professional in the eyes of the state of Oregon.

Jarlstrom launched his mission several years ago and he’s been looking to prove that the cameras are setting drivers up for tickets; they’re rigged against the laws of nature, he says.

He’s even taken his findings to the Oregon State Board of Examiners for Engineering and Land Surveying so that those who have the ability to, might possibly work to make the appropriate changes if there is such a problem with the cameras. That didn’t happen however, instead they decided to accuse him of having practiced engineering without the appropriate permission from the state.

He’s already been fined hundreds of dollars by the state and been under investigation, simply for trying to point out what he believes is a problem that they should be concerned with correcting.

It all started several years ago after Jarlstrom’s wife allegedly received her own ticket and he became interested with the math behind the traffic lights, and he says that because of a flaw with its timing that it’s rigged against drivers.

He fought back, and won.

Jarlstrom filed a federal lawsuit in defense, he argued that their crackdown equated to a violation of his 1st Amendment Constitutionally-protected right to free speech. After all, shouldn’t free speech apply to discussions about math? It took several years but recently the attorney general in Oregon allegedly admitted that they had violated his free speech rights with their actions. Jarlstrom has partnered with the Institute for Justice and he isn’t over yet because he says that he wants the law declared unconstitutional; he doesn’t want to see others fall victim just like he did for what should be considered protected speech.

Sources:
http://time.com/3643077/red-light-cams-rear-end-collisions-chicago/
https://globalnews.ca/news/2853066/turning-off-red-light-cameras-can-be-deadly-study/
http://abcnews.go.com/US/red-light-camera-backlash-cameras-causing-accidents/story?id=13925887
http://www.orlandosentinel.com/news/politics/os-red-light-cameras-crashes-20170106-story.html
https://www.azcentral.com/story/news/politics/legislature/2017/02/21/arizona-lawmaker-travis-grantham-wants-get-rid-photo-radar/98199096/
http://tucson.com/news/local/no-more-tickets-from-tucson-s-red-light-cameras-radar/article_c4b350cf-2e9a-59ef-b644-ce83fca30896.html
https://www.vice.com/en_ca/article/5gkgxn/the-shady-municipal-business-of-traffic-cams
http://www.phoenixnewtimes.com/news/arizona-debates-red-light-cameras-tools-that-save-lives-or-police-state-tactics-9114403
http://kxan.com/2017/09/11/abilene-mayor-we-did-red-light-cameras-the-right-way/
https://www.usnews.com/news/best-states/texas/articles/2017-03-29/texas-senate-votes-to-ban-red-light-cameras-statewide
http://koin.com/2016/08/10/are-red-light-cameras-rigged-against-laws-of-nature/
https://www.washingtonpost.com/news/morning-mix/wp/2017/12/08/criticizing-red-light-cameras-is-not-a-punishable-offense-oregon-concedes/?utm_term=.49814732d3b0
https://www.forbes.com/sites/instituteforjustice/2017/04/28/do-you-need-a-license-in-engineering-to-criticize-red-light-cameras-oregon-says-yes/

This article was published in Steemit and can be found here.

 

A Collection of Traffic Law Writings by James W. Cushing

Over the course of my career, I have written extensively on traffic law.  These writings have been published in The Legal IntelligencerUpon Further Review, and The Pennsylvania Family Lawyer as well as posted onto my blog.  I have collected these articles and blog posts and have listed them below.  Thanks for reading!

Articles:

Blog Posts:

A Collection of Law and Religion Writings by James W. Cushing

Over the course of my career, I have written extensively on how law and religion intersect.  These writings have been published in The Legal IntelligencerUpon Further Review, and The Pennsylvania Family Lawyer as well as posted onto my blog.  I have collected these articles and blog posts and have listed them below.  Thanks for reading!

Articles:

Musings:

 

Liberalism and Islam

This is from edwardfeser.blogspot.com which you can find here.  This blog is written by Edward Feser who is a Christian philosopher who I have been recently introduced to who I think provides effective clear, sobering, and direct responses to the advance of secular culture.

Here is a portion of recent piece of his which I thought was rather edifying:

Note: What follows is pretty long, especially if you think of it as a blog post.  So think of it instead as an article.  The topic does not, in any event, lend itself to brevity.  Nor do I think it ideal to break up the flow of the argument by dividing the piece into multiple posts.  So here it is in one lump.  It is something of a companion piece to my recent post about whether Christians and Muslims worship the same God.  Critics of that post will, I think, better understand it in light of this one.

 

In an article in The New Criterion over a decade ago, the late political scientist Kenneth Minogue noted a developing tendency in contemporary progressivism toward “Christophobia,” a movement beyond mere disbelief in Christian doctrine toward outright hostility.  The years since have hardly made Minogue’s observation less timely.  The New Atheism, the first stirrings of which Minogue cited in the article, came to full prominence (and acquired the “New Atheism” label) later in the decade in which he wrote.  The Obama administration’s attempt to impose its contraception mandate on Catholic institutions evinces a disdain for rights of conscience that would have horrified earlier generations of liberals.  Opponents of “same-sex marriage” have in recent years found themselves subject to loss of employment, cyber-mobbing, and even death threats — all in the name of progressivism.  If contempt for Christian moral teaching still hides behind a mask of liberal neutrality, Hillary Clinton let that mask slip further still when she recently insisted that “deep-seated cultural codes, religious beliefs and structural biases have to be changed” in order to accommodate easy access to abortion.  Not all liberals approve of these developments, of course.  But demographic trends indicate that a Christophobic brand of progressivism may have little difficulty finding new recruits.
Now, how do contemporary liberals view Islam?  How would one expect them to, given their principles, and given the principles and practice of Islam?  Consider that, like Christianity, Islamic moral teaching unequivocally condemns homosexual behavior, extramarital sex, and the sexual revolution in general.  Feminism has, to put it mildly, had little effect on Islam, which is traditionally highly patriarchal.  In Islam, men can have multiple wives, but wives cannot have multiple husbands.  Men can marry non-Muslim women, but women cannot marry non-Muslim men.  The authority of husbands over wives goes far beyond anything feminists objected to in 1950s America.  Rules governing divorce, custody of children, inheritance, and legal testimony all strongly favor men.  In many modern Muslim countries, the implementation of this patriarchal system takes forms which modern Western women would find unimaginably repressive.  Women are expected to cover their bodies in public to a greater or lesser extent, the burqa being the most extreme case.  In Saudi Arabia, women are forbidden to drive, to go out in public without a chaperone, or to interact with men to whom they are not related.  In some Muslim countries, husbands have a right to discipline their wives with beatings.  In some, female genital mutilation is widely practiced.  “Honor killings” of women thought to have brought shame upon their families often occur not only in Muslim countries, but in Western countries with large Muslim populations.  Of course, not all Muslims approve of all of this.  Nor or is it by any means the whole story about women in Islamic society, and Muslims emphasize the way Islam improved the situation of women compared to pre-Islamic Arabia.   The point, though, is that it is far from being a marginal part of the story. ”

You can read the rest here.

The Absolute Truth About Relativism

This is from edwardfeser.blogspot.com which you can find here.  This blog is written by Edward Feser who is a Christian philosopher who I have been recently introduced to who I think provides effective clear, sobering, and direct responses to the advance of secular culture.

Here is a portion of recent piece of his which I thought was rather edifying:

“I don’t write very often about relativism.  Part of the reason is that few if any of the critics I find myself engaging with — for example, fellow analytic philosophers of a secular or progressive bent, or scientifically inclined atheists — take relativism any more seriously than I do.  It just doesn’t come up.  Part of the reason is that many other people have more or less already said what needs to be said about the subject.  It’s been done to death.
It is also possible to overstate the prevalence of relativism outside the ranks of natural scientists, analytic philosophers, theists, and other self-consciously non-relativist thinkers.

As Michael Lynch notes in his book True to Life: Why Truth Matters, remarks that can superficially seem to be expressions of relativism might, on more careful consideration, turn out to have a different significance.  For example, when, during a conversation on some controversial subject, someone says something like “Well, it’s a matter of opinion” or “Who’s to say?”, this may not be intended to imply that there is no objective fact of the matter about which view is correct.  The person may instead have simply decided that the discussion has reached an uncomfortable impasse and would like to change the subject.

On the other hand, many people seem not to understand the difference between the claim that there is no agreement about such-and-such and the claim that there is no objective truth of the matter about such-and-such.  Hence even many people who are primarily concerned to assert the first proposition rather than the second may nevertheless affirm the second one too if pressed.  And in that case they are at least implicitly relativists.  Thus, while Lynch is right that there are probably fewer self-conscious relativists than meets the eye, that is not necessarily because the people in question are all self-consciously non-relativist.  Many people just have confused or inchoate ideas about these things.”

You can read the rest here.

Sole Legal Custody Means Solo Decision-Making

In the matter of M.P. v. M.P., 54 A.3d 950 the Superior Court of Pennsylvania clarified the extent of authority of a parent who enjoys sole legal custody s/he has over a child.

In M.P., the mother of the child at issue in the case is from Ecuador.  Most of mother’s family, including her own parents, still reside in Ecuador.  Mother was granted primary custody of the child in July 2009 and Father was awarded supervised visits for two hours per week.  Despite receiving such minimal custody, Father did not take advantage of it to spend time with his child.  In or about November 2011, after a hearing, Mother was awarded sole legal custody of the child.  Mother filed a petition to permit her to take the child to Ecuador for three weeks, a trip which Father opposed.  The lower court entered an order prohibiting Mother from taking the trip to Ecuador which led to Mother filing an appeal to Superior Court and it is the Superior Court’s decision that is the focus of this article.

Mother wanted to take the child to Ecuador as it is her own ancestral home and most of her family lives there.  It was not feasible for Mother’s family to come to the United States as there was testimony that Mother’s parents would have difficulty in securing visas to come to the United States and Mother’s mother has health issues which makes flying difficult for her.

Father opposed Mother’s proposed trip to Ecuador as he views Ecuador as a third-world nation filled with potentially dangerous diseases and crime.  He also had concerns about the compatibility of the child’s health insurance coverage with Ecuadorian hospitals and the difficulty retrieving the child if something unfortunate happened to the Mother.

The lower court, by its own volition, investigated international law and the terms of the Hague Convention regarding international custody arrangements and had concerns regarding Father’s options to retrieve the child if Mother failed to return her to the United States.

When reviewing this matter, the Superior Court reversed the lower court’s decision and permitted Mother to go to Ecuador with the child for her proposed three week trip.

The Superior Court first looked at what it means for a parent to have sole legal custody.  Legal custody is the right and ability to make major decisions for the child.  Sole legal custody is the granting of one parent exclusive and final right to make major decisions; indeed, specifically exclusive from the other parent.  The Superior Court ruled that the lower court, by allowing Father to block Mother’s trip to Ecuador, enabled him to undermine Mother’s sole legal custody, and, essentially, render it meaningless.  As a result, the Superior Court ruled that if a party has sole legal custody, the other parent cannot move to prevent it from being exercised but for a formal petition to modify the custodial arrangement.

In terms of the lower court’s reliance upon international treaties and the Hague Convention, it is notable that Father did not raise them at the hearing but the lower court took judicial notice of them.  Regardless, the Superior Court noted that it is not unusual for a court to take judicial notice of such things, so the lower court’s reliance upon them was not objectionable, at least in principle.  Instead, the Superior Court took issue with the fact that the lower court relied on that information after the hearing had concluded and without notice to the parties.  The Superior Court ruled that a party has the right to be heard as to the propriety of a court taking judicial notice of an issue, especially one as critical as international law.

Based on the above, the Superior Court reversed the lower court’s decision, ruling that sole legal custody cannot be undermined or otherwise disturbed without an order altering the custodial arrangement and a court taking judicial notice of an issue must indicate doing so on the record and allow the parties involved to address it.

Originally published in The Legal Intelligencer on March 16, 2015 and can be found here and reprinted in Volume 37, Issue No. 3, September 2015 edition of the “Pennsylvania Family Lawyer” (see here).

Marriage Inflation

This is from edwardfeser.blogspot.com which you can find here.  This blog is written by Edward Feser who is a Christian philosopher who I have been recently introduced to who I think provides effective clear, sobering, and direct responses to the advance of secular culture.

Here is a portion of recent piece of his which I thought was rather edifying:

Lake Wobegon, where all the women are strong, all the men are good looking, and all the children are above average.

Garrison Keillor, A Prairie Home Companion

If you printed a lot of extra money and passed it around so as to make everyone wealthier, the end result would merely be dramatically to decrease the buying power of money.  If you make it easier for college students to get an “A” grade in their courses, the end result will be that “A” grades will come to be regarded as a much less reliable indicator of a student’s true merit.  If you give prizes to everyone who participates in a competition, winning a prize will cease to be a big deal.  In general, where X is perceived to have greater value than Y and you try to raise the value of Y by assimilating it to X, the actual result will instead be simply to lower the value of X to that of Y.

You will also merely relocate rather than eliminate the inequality you were trying to get rid of.  If money loses its value, then people will trade in something else — precious metals, durable goods, or whatever — and a different sort of economic inequality will arise.  If grades can no longer tell you which students are most likely to do well as employees or in graduate school, you’ll find some other way of determining this — writing samples, interviews, letters of recommendation, or whatever — and the hierarchy of student achievement will reassert itself.  If getting a prize ceases to impress, then athletes and others engaged in competitive enterprises will simply find some other way to stand out from the pack.

Egalitarian schemes, in short, often have great inflationary effect but little actual egalitarian effect.  They can amount to mere exercises in mutual make-believe.  You can pretend all you want that all the children in Lake Wobegon are above average.  People who wish it were true may even go along with the pretense.  But of course, it isn’t true, and deep down everybody knows it isn’t true.  Hence even many who do pretend to believe it will act otherwise.  There will be a lot of pious chatter about how special all the children are, but no one will take the chatter very seriously and everyone will in practice treat the children differently according to their actual, differing abilities.”

You can read the rest here.

 

 

Pa. Justices Clarify Evidentiary Standard for Child Abuse Registry

The Pennsylvania Supreme Court weighed in on the burden of proof required to place someone onto the statewide ChildLine Registry (“Registry”) in the matter of G.V. v. Department of Public Welfare, et al., 91 A.3d 667 (2014).

In September 2009 the Lancaster County Children and Youth Services (“CYS”) received a referral alleging that Plaintiff sexually abused his sixteen (16) year old niece, of who he had custody. After an investigation, CYS filed an “indicated” report against Plaintiff upon finding substantial evidence that Plaintiff had abused his niece.

Upon the finding that Plaintiff abused his niece, he was listed on the statewide Registry pursuant to 23 Pa.C.S.A. § 6301-6386. Subsequently, Plaintiff sought the expungement of his name from the Registry through DPW. DPW denied his request to expunge his name from the Registry and he appealed to an administrative law judge (“ALJ”). After a hearing before the ALJ at which several witnesses testified against Plaintiff, the ALJ concluded that the “indicated” report was supported by substantial evidence and, therefore, denied Plaintiff’s appeal. Ultimately Plaintiff appealed to the Pennsylvania Commonwealth Court which vacated the ALJ’s decision on the basis of using an improper evidentiary standard, and remanded the matter back to the ALJ.

The Commonwealth Court agreed that there was substantial evidence but further noted that there was no statutory direction as to what standard of proof is required to be placed onto the Registry and ultimately ruled that clear and convincing evidence is required to be placed onto the Registry. The Commonwealth Court’s decision was appealed to the Pennsylvania Supreme Court and it is that appeal which is the subject of the case described herein.

The Supreme Court noted that an indicated report is warranted if there is substantial evidence, which is defined as “evidence that outweighs inconsistent evidence and which a reasonable person would accept as adequate to support a conclusion.” This is in contrast to the clear and convincing standard urged to be applied by the Commonwealth Court and the Plaintiff, which is defined as “evidence that is so clear, direct, weighty, and convincing as to enable the trier of fact to come to a clear conviction, without hesitancy, of the truth of the precise facts in issue.” Customarily, the clear and convincing standard is applied when a person’s “individual interests at stake in a state proceeding are both particularly important and more substantial than mere money” and especially when there is a potential for “significant deprivation of liberty or stigma.”

After an indicated report, and a placement of a person onto the Registry, that person must report his placement onto the Registry whenever he accepts some sort of position (whether through employment or volunteer work and the like) where he would have contact with children. In its review of the applicable case law the Supreme Court established that the substantial evidence standard is what has been historically used in cases such as the instant case despite an absence of a statutory directive to use that standard.

In its review of the Commonwealth Court’s decision, the Supreme Court acknowledged that the Commonwealth Court did not err in determining that the preservation of one’s reputation is protected under Pennsylvania’s Constitution. Nevertheless, it ruled that it did err by overestimating the significance of the Registry as something covered by the above-mentioned reputation protections as to warrant the application of the clear and convincing standard instead of the substantial evidence standard.

The Supreme Court pointed out that only a limited number of people in a limited number of circumstances could access the names on the Registry. Consequently, the Supreme Court suggested that the Commonwealth Court overstated both the potential and probability for disclosure of the information on the Registry as well as overstated the potential risk of the deprivation of a fundamental interest of someone on the Registry. As a result, the stigma that the clear and convincing standard is supposed to address is simply not present. In addition to the above, the Supreme Court found that the Commonwealth Court did not take appropriate consideration of the fact that the government has a legitimate interest in ensuring the safety of children.

Ultimately, in sum, the Supreme Court ruled that even though being placed on the Registry is significant, there is no legal justification to apply the clear and convincing evidence standard as opposed to the substantial evidence standard when deciding whether to place someone on it.

Originally published in The Legal Intelligencer on January 20, 2015 and can be viewed here.

Aristotle watches Blade Runner

This is from edwardfeser.blogspot.com which you can find here.  This blog is written by Edward Feser who is a Christian philosopher who I have been recently introduced to who I think provides effective clear, sobering, and direct responses to the advance of secular culture.

Here is a portion of recent piece of his which I thought was rather edifying:

“You can never watch Blade Runner too many times, and I’m due for another viewing.  In D. E. Wittkower’s anthology Philip K. Dick and Philosophy, there’s an article by Ross Barham which makes some remarks about the movie’s famous “replicants” and their relationship to human beings which are interesting though, in my view, mistaken.  Barham considers how we might understand the two kinds of creature in light of Aristotle’s four causes, and suggests that this is easier to do with replicants than with human beings.  This is, I think, the reverse of the truth.  But Barham’s reasons are not hard to understand given modern assumptions (which Aristotle would reject) about nature in general and human nature in particular.

Barham suggests that, where replicants are concerned, a four-cause analysis would look something like this: their efficient cause is the Tyrell Corporation and its engineers; their material cause is to be found in the biological and mechanical constituents out of which they are constructed; their formal cause is the human-like pattern on which the Tyrell Corporation designed them; and their final cause is to function as human-like slave laborers.”

You can read the rest here.

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