Board of Private Investigator Examiners cannot regulate red light camera operators [traffic cameras]

The Daily Advertiser (Lafayette) reports:

A Baton Rouge judge has ruled that the Louisiana State Board of Private Investigator Examiners does not have control over Redflex Traffic Systems' operations in Lafayette. . . .

19th Judicial District Judge Timothy Kelley ruled that Redflex and its employees are not conducting the activities of a private investigator or private detective as defined by state law. [See La. R.S. 37:3503(8).]

In addition, Kelley reversed the board's declaration that it had authority over Redflex's activities in Lafayette and also ordered the board not to conduct hearings to determine whether a cease-and-desist order should be entered regarding Redflex's Lafayette operations.

Pat Englade, director of the state board, said members would make a decision on how to move forward at its Jan. 20 meeting.

"The attorneys will come in and explain to the board what the judge's ruling was and give them options," Englade said. "They will then make a decision. There's certainly the option to appeal, but that will be up to the board."

As for the background, the minutes from the Board's July 22, 2008 meeting reflect the following:

Mr. Littleton made a motion that the Louisiana State Board of Private Investigator Examiners does have Jurisdiction over Redflex. Seconded by Mr. Burrell. Roll call vote: Mr. Asmussen yea, Mr. Littleton yea, Mr. Burrell yea, Mr. Chauvin yea, and Ms. Kovac abstain. Motion carried.

A list of the Board members can be found here. Posted by MBC at December 25, 2008 04:31 PM