Why Red Light Runner Cameras Were Removed At Busy Five Corners

photos from October 2007



The Laurelhurst Blog has received questions recently about why and when the "Red Light Runner" Cameras were removed at Five Corners, the busy intersection of Mary Gates Memorial Drive NE, NE 45th Street, NE 45th Place and Union Bay Place NE.

In August of 2008, three cameras were installed at "Five Points" after the Laurelhurst Community Club voted unanimously to support neighbors requests as well as more than 400 petition signatures, for installation of the cameras at the intersection. LCC requested funding for cameras in September of the previous year.

In August of 2011 the Laurelhurst Blog reported:

On August 1st of that year,  SDOT reported that there were over 1,900 citations issued for red light violations  and from mid-June through mid-July, 368 citations were issues.  SDOT stated that there is a continued need for cameras at this location.

The first 10 months of last year, about 4,900 citations were issued at the Five Corners cameras. And February 2010 alone had 315 citations issued.  Ninety-seven percent of those citations were about evenly divided between the east and westbound cameras - 2,234 eastbound and 2,458 westbound and 212 total from the northbound camera on Mary Gates Drive.  For the first 10 months of 2010, about 4,900 citations were issued at the Five Corners cameras. February 2010 alone had 315 citations issued.  Ninety-seven percent of those citations were about evenly divided between the east and westbound cameras - 2,234 eastbound and 2,458 westbound and 212 total from the northbound camera on Mary Gates Drive.

About 7,000 red light runner citations were issued in 2009, according to the Laurelhurst Newsletter published in April of last year.

About 7,000 red light runner citations were issued in 2009, according to the Laurelhurst Newsletter published in April of last year.

The intersection, which has an 'F' level of service (LOS), had three red light runner cameras set up at the five point intersection, where there have been many near collisions, not only between cars, but cars and pedestrians with cars driving very fast to make it through the intersection on a red light.

If a car crossed the crosswalk after the light turned red, the car was photographed with a still camera and a short video. Then the Police Department reviewed the photos to determine if a ticket should be mailed out to the car owner. The owner had 18 days to pay the fine, ask for a hearing or sign an affidavit attesting that he or she was not driving. The cost for the ticket was $124.

In March of 2011 the Laurelhurst Blog reported about two bills that were before the State. One was proposed by Tim Eyman, calling for a public vote before cameras could be installed and the other, bill 1279, was supported by the City of Seattle and others who" recognized that red light runner cameras improve pedestrian and bicycle safety."

1279 clarified the existing law by specifically stating that cameras may be placed at intersections of two or more arterials, thus addressing court challenges at the highly dangerous Five Corners intersection.

LCC wrote a letter at that time stating:

Currently, the cameras are situated on two of the arterials in compliance with state law, but because it is a multi-arterial intersection, there have been court challenges to some of the tickets issued.  It is important to clarify existing law to ensure that this type of location is covered."

About six years ago the lights were removed. A neighbor told the Laurelhurst Blog "the City took out cameras at 5 corners much to our dismay! In 2012/13 the law was changed to two arterials only."

LCC recently told the Laurelhurst Blog Staff that:

The saga of the Red Light Cameras was long and complex. Neighbor Jean Amick valiantly championed the installation of red light cameras for several years saying that neighbors want some enforcement at 5 Corners as over 400 people signed the petition. It is a dangerous intersection, and drivers were  blatantly "running the red lights", causing serious accidents.   Running the reds was rampant with no consequence.  There has never been any police enforcement at this site.  We are very anxious to pursue improved safety (again) in NE Seattle and wherever else there's a 5 way light.

With the strong support from the City of Seattle (SDOT) , the program was finally installed in 2010.

The program was a huge success, curbing drivers from crossing through red lights, and preventing many accidents.

The City of Seattle was extremely supportive as well, and it was one of the highest revenue sources from collections of the fines.

Then, a lawsuit ensued at the State level claiming (see below) that this red right camera was illegal because it managed a" 5 way" intersection, and the State statute call for it only to be at a 4 way intersection.   

The judge chose to dismiss the lawsuit on the basis of res judicata, and didn’t rule one way or the other on whether the cameras were legal (although he did say that he had some “problems” with the plaintiffs’ legal theory). 

All of our 46th District State Reps and Senator fought hard against this loophole, but there was much opposition to the overall concept of these red light cameras that the amendment by our State Representatives did not pass.

Thus, because the 5 way intersection did not meet the law, the red light cameras at 5 corners had to be removed.   

Sometimes tickets mailed to red light runner drivers were tossed out if they came from the camera company, not the City.  And the 46ths District tried to get "clarification" on camera bill to include 2 arterials, with no success. 

My records do not show the exact dates that  the Red Light  cameras were disconnected by SDOT, and then finally removed.  Most likely by the end of 2010, after the Judge ruled.  Not sure, but  might be safe to say "about 5 years ago" the Red Light cameras became inoperative. 

The red light running is again worse than ever, and it is tragic that a loophole could not be fixed to allow the law to apply to a 5  or 6 way intersection as well. 

It may be worth trying to get it re-installed with an amendment in the next legislative session as people turn over, and it may gain some traction and pass this time.  

Most likely it will not happen without action by the legislature to change the statute, as has been proposed in the past.

As far as adding cameras at other locations, that’s not an issue for the Law Department, but is a policy determination for SPD, the City Council, and the budget office to make. 

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Here is King5's story on the issue:

Investigators: Red-light cameras may issue illegal tickets

by CHRIS INGALLS / KING 5 News

Posted on February 3, 2010 at 10:16 PM

******

SEATTLE - It's just one little traffic case. But it's calling into question thousands of tickets generated by some of those red-light cameras in Seattle.

Traffic judges have declared the camera set-up illegal at a busy intersection near the University of Washington and they've tossed tickets out, but the city is still ticketing unsuspecting motorists.

NE 45th Street at Union Bay Place NE is not your typical intersection.

"What's unusual is you have cars coming from all directions at you," said Michael Stokes who routinely drives through the intersection.

The five-way intersection has a dizzying configuration of lights and signs and turn lanes. And towering over it all are camera systems on the lookout for red-light runners.

Recently they recorded  video of an eastbound car on NE 45th Street. It clearly shows the car cruising through the intersection after the light turned red. The driver got a costly ticket for $124 in the mail.

But on Monday Seattle traffic judge Francis deVilla dismissed the infraction.

He didn't respond to the KING 5 Investigators' repeated requests for an explanation.

But the City Attorney's Office says it was just informed deVilla ruled that the camera system is illegal at the intersection. The judge apparently based that decision on state law which says cameras are restricted to intersections where two arterial roads meet - your typical four-way stop.

But then, NE 45th Street at Union Bay is a five-way intersection.

The judge may have determined that one extra street means cameras cannot legally be placed here.

Gareth Kenee is one of more than 9,000 drivers that city records show got a ticket there. Like many, he didn't have time to go to court to challenge it.

"Yeah, I just paid it," Kenee said.

At $124 a ticket, this could be potentially be a million-dollar intersection for the city since it installed cameras there a year and a half ago.

We've learned legal questions were raised months ago in a lawsuit now being heard in federal court.

And  the City Attorney's Office acknowledges that Seattle traffic judge Adam Eisenberg dismissed at least one ticket at the same intersection.

So why does the city continue to issue tickets and fines at a controversial intersection?

The City Attorney's Office believes the intersection is legal and says it will likely fight all these challenges.

Meantime, the city continues to write an average of 16 tickets a day at that one intersection.