Cleveland attorney Marc Dann says he’ll fight an attempt by the City of Girard to have a judge throw out a civil lawsuit challenging speed camera tickets issued more than three years ago along Interstate 80 in Girard.

The city last week filed a 106-page motion for summary judgment, asking Trumbull County Common Pleas Court Judge Andrew Logan to rule in favor of the city.

Attorney Dann said he would pursue the lawsuit last August after the Ohio Supreme Court said it lacked jurisdiction to hear an appeal from Blue Line Solutions, which sends out the tickets for the city.  Blue Line challenged an earlier court decision declaring Dann’s lawsuit as a class action allowing others to join the lawsuit.

Judge Andrew Logan ruled earlier that drivers who were ticketed for driving faster than 55 along westbound I-80 in Girard between December 7th, 2017, and January 7th of 2018 can become plaintiffs in addition to the four that filed the original lawsuit in 2018.

It is estimated that Girard Police issued more than 7,700 tickets using a manned photo laser in that area during that period.

Attorney Dann, with Dann Law in Cleveland, argues in the lawsuit that when the construction was completed on I-80, the speed limit was restored to 65 miles an hour.  However, one sign was left on the road stating that the speed limit was 55 in that zone.

It was on that basis that Girard issued the speeding tickets, but Attorney Dann says that was not the correct speed.

He says the city has refused to reimburse drivers who dispute the tickets.

The city argues that in addition to having immunity from the lawsuit, drivers failed to pursue other administrative remedies to the tickets by failing to challenge them before an administrative law judge in a timely manner.

The tickets issued to drivers, state that failure to challenge the fines in a timely manner is an admission of liability.

Girard officials say it was the responsibility of the Ohio Department of Transportation to exchange the 55 mph speed limit signs for the 65 mph signs but failed to do so during the month-long period in question.  The city said police officers using hand-held speed cameras issued civil violations for the posted 55 mph limit.

According to the city’s motion, out of the 157 hearings held for drivers challenging tickets issued during the period, only two had their fines unchanged.  Sixty-four drivers had their fines reduced to anywhere between $10 and $50, while 91 drivers received no fine.

As of Monday, Attorney Dann had not filed a response to the city’s motion. However, Dann told 21 News he plans to fight the motion.

Judge Logan has scheduled a telephone hearing on the case for Thursday.