SUFFOLK, Va. — A lawsuit challenging the legality of speed cameras in the city of Suffolk should be dismissed, Assistant City Attorney Rebecca Powers argued during a court hearing Tuesday afternoon.
Powers said Judge Alfred Bates should throw out the lawsuit on the basis the city is covered by sovereign immunity, a legal principle that says governments can't commit legal wrongdoings and can't be sued.
Watch related coverage: Does the use of speed cameras and license plate readers in Virginia go too far?
The 30-minute hearing was the first test for the lawsuit, which was filed by former State Delegate Tim Anderson on behalf of a man named Curtis Lytle, who was ticketed by a camera.
Anderson is also suing the city of Chesapeake. He argues the cities aren't following the law and believes drivers who've been ticketed should be refunded.
The cameras issue fines to anyone caught going 10 miles above the speed limit in school zones.
Before the case could go to trial, the city of Suffolk wants the case to be dismissed.
Anderson argues because the cities are using a third-party company to issue citations, they're not covered by sovereign immunity.
"Could they put a camera up? That answer is yes and we wouldn't be able to sue them. Our point is that the third party is billing and they're not billing in a way that is legal and authorized by Virginia code," Anderson told reporters after the hearing.
Watch previous coverage: Attorney files lawsuit against City of Chesapeake, City of Suffolk regarding speed cameras
The judge said he would issue his opinion on the sovereign immunity issue within 30 days.
Anderson says he will be making similar arguments in court in Chesapeake next month.
He had previously filed a federal lawsuit over the cameras, but said he had decided to end that one for now.
