9 Investigates attorney general involvement in local red-light camera case

CENTRAL FLORIDA — Attorney General Pam Bondi has entered the fight over Central Florida’s red-light camera program.

A local driver, who is fighting a red-light camera ticket, said he was shocked when the highest law enforcement official in the state took an interest in his case.

But court documents obtained by investigative reporter Christopher Heath show that, in part, the motivation for Bondi is money.

The video is not in question. Orange County driver Stephen Facella ran the light, albeit by a fraction of a second.

He received his ticket and decided to fight. But it didn't end well.

"I couldn't ask any questions of anyone, and then the hearing officer said that my violation was upheld," said Facella.

Stephen tried to argue that Orange County had surrendered its law enforcement authority to a private company, something the courts have said cities and counties can't do.

ATS is the company that owns Orange County's red-light camera system.

Facella’s ticket has an Orange County logo on it, but it also has a Tempe, Arizona, address.

ATS has its headquarters there.

"Did you feel like you were guilty when you walked in the door?” Heath asked.

“Oh, yeah. There was no chance," said Facella.

Facella appealed his $158 ticket, and that is when Bondi got involved.

Records show Bondi's office asked for permission to become involved in Facella's case.
The reason?

The state has money on the line, Channel 9 found out.

Bondi's brief explains that if a case like Facella's is upheld, drivers could expect the "return of many millions of dollars in fines."

"Was it shocking that the attorney general herself got involved?” Heath asked.

"Yeah. It was very shocking," said attorney Kelli Hastings.  
Hastings is representing Facella.

"They acknowledge right in the motion that it's about money,” said Hastings.

The 9th Circuit, which is where Facella's case is being heard, has already ruled in previous cases that companies can't replace cities and counties.

The question: Can drivers use that as a defense to get tickets tossed?

And, if they can, how much money does the state stand to lose?

"The scales of justice were completely stacked against me, and, as the attorney general's amicus brief shows, it's for profit, and that's why it's stacked against you," Facella said.

Facella's next court date is in late August.

Bondi's office sent Channel 9 an updated statement, saying the office has been involved in red-light cases for years.

Cox Media Group