Hearing Set for Class Action Lawsuit Against City for School Zone
A lawsuit that was filed by a local attorney against the City of Buffalo is picking up steam with a recent ruling by a state Supreme Court Judge
Earlier this year Kevin Stocker filed a lawsuit against the City of Buffalo, alleging that the City broked multiple state laws in how the school zone speed camera program was enacted and implemented. That lawsuit was filed as a class-action lawsuit on behalf of approximately 50 other drivers from Buffalo and the surrounding areas.
Among the allegations made by the petitioners, they claim that they had been denied the right of due process under the law by actions that the City of Buffalo had taken when enforcing the speed camera program.
Moreover, there are numerous infringements on the constitutional due process rights of citizens by both the statute and implementation of thereof. In particular, the following due process
issues are present herein: a. tickets are issued to owners of vehicles who are not the violators, b. the person accused of the violation cannot confront the individual/computer who
recorded the alleged violation, c. no proper evidentiary foundation can be laid at trial or heading regarding how the equipment was calibrated or whether it was working accurately during said violation,...
-Attorney Kevin Stocker, Esq.
In a ruling issued on Thursday, October 28, 2021, State Supreme Court Judge Henry J. Nowak set a hearing date for December 20, 2021, for him to hear additional arguments and evidence about this lawsuit.
It looks like we may need to wait a few more months to see if there is a resolution to this lawsuit.