Justice J. Scott Odorisi
Krieger sought to challenge the City of Rochester’s red light camera program as unconstitutional in this declaratory judgment and Article 78 proceeding. The city moved to dismiss. Krieger argued the program violated his substantive and procedural due process rights as it improperly imposed vicarious liability through its statutorily imposed presumption, which ran afoul of the proper placement of the burden of proof. The court disagreed ruling the program was constitutional. It found Krieger failed to meet his heavy burden of rebutting the exceedingly strong presumption of constitutionality of the red light camera laws. The court stated the record presented provided ample justification for the laws, as it was replete with proof they were enacted in furtherance of public safety. It noted Krieger fell short of proving the laws were bereft of a rational relationship to a legitimate government interest, stating in the absence of such proof, Krieger was not entitled to either a declaratory judgment striking down the laws as facially deficient, or to Article 78 relief. The court concluded the current procedures in place resulted in a finding that sufficient due process protections were in place, denying the petition.
