Buffalo resident files lawsuit against state Department of Transportation

Buffalo, New York (WBEN) – A number of Buffalo residents are upset about road construction on the Scajaquada Corridor (Highway 198) and the installation of speed cameras in work zones, which has led to a number of traffic tickets being issued.

This issue led a resident to file a public integrity complaint against the New York State Department of Transportation (DOT).

“I just felt like these speed cameras were not put in the public interest, and they seemed to be put in a way to trap citizens,” local resident Patrick Freeman said in an interview with WBEN. “I didn’t see any signage, normally you see the speed camera. You didn’t see any of that. And where they put them, especially the one on 198 West; as you know, there was this horrible accident a few years ago, and Governor Cuomo just changed the speed limit, but they never reconfigured the highway. And it’s been a problem there ever since. I thought it was very dishonest on the part of the government to put a speed camera there.”

The speed cameras were first installed on Route 198 westbound near the Main Street Bridge, which crews are working on near Sister’s Hospital. Now, the speed cameras have been moved to Route 198 eastbound, toward the Kensington Expressway (Route 33).

Freeman believes there was not enough warning given to people driving from the 33 to the 198, especially with the speed limit changing so quickly near the roadworks zone.

“In that zone, the speed limit goes from 50 to 30 miles per hour with no notice, and they never reconfigured that zone. I just thought it was extremely unfair to those of us who live in the neighborhood, or just drive through town, honestly, and we go from 50 miles per hour to 30 miles per hour with very little margin for error. Putting a speed camera there, I thought, was not a very good thing,” Freeman explained.

Freeman received two summonses in the mail, with fines totaling more than $100. Most intriguing to him was that the fines were to be paid to a company in Philadelphia, Pennsylvania.

“They say it’s for a construction zone. I went back and checked the area a couple of times and there was no one working. But the cameras were still there ticketing people. I just felt it wasn’t in the best interest of the taxpayer, and the government is supposed to continue to work in the best interest of the people,” Freeman said.

“You have a work zone construction program in New York State, and I’m paying for tickets to Philadelphia, which I don’t understand at all.”

Freeman says he’s not alone, as several other community members have expressed similar concerns and demands regarding the work zone speed cameras and their placement on Highway 198.

“Endless complaints, a number of notable people in the neighborhood who were ticketed for just trying to get home. Their biggest complaint is the same as mine. No signage, no warning,” he said. “I called the Department of Transportation. The person who answered the phone that day, I don’t remember his name, but he was sarcastic. I told them I’d lived here for 30 years and they said, ‘Oh, you’ve been speeding for 30 years,’ like it was a joke. I got two $100 citations in two days and I didn’t see anything.”

“I’m not a speeder, I’ve never gotten a ticket. In fact, I’m a retired police officer, so I’m law-abiding, I’m pro-safety. But I’m also pro-doing things properly, and the way the state did it, in my opinion, was dishonest and not in the best interests of the taxpayer, and really not in the best interests of the construction workers. I saw very little, if any, warning signs that they were using these mobile cameras at any of the locations that they indicated.”

Freeman said he filed the complaint early Sunday and hopes to hear back from the state attorney general’s office within a few days. He looks forward to getting justice for Buffalo citizens who have experienced similar problems.

“I hope they see it my way, which is in the best interest of the citizens, and return our funds,” Freeman said. “I think we were ticketed in a ‘trap’ type situation, and they denied that in their statement to the media, saying they were not a trap organization and it was all about safety. We care about safety too, but it has to be done the right way, in a way that benefits the construction workers who are out there, but also by giving the citizens proper and timely notice, so they are more aware of their speed and slowing down.”

Here is the statement from the New York State Department of Transportation that Freeman was referring to:

“Nothing is more important to the Department of Transportation than the safety of our workers, and one important tool we use to protect our workers is the automated work zone speed enforcement program. Since construction began in the spring, automated work zone cameras have been installed intermittently along the Scajaquada Freeway while crews make repairs to the bridge. The posted speed limit along the Scajaquada under normal circumstances is 30 miles per hour, and that remains unchanged in our work zone.

“During this time, our cameras have recorded thousands of motorists speeding through our work zones, including incomprehensible speeds of over 70 miles per hour 15 times and 80 miles per hour five times. This is completely unacceptable driver behavior that puts our workers at risk on the job.

“The Ministry of Transportation is not in the business of trapping people, it’s about ensuring safety. We will continue to do everything we can to keep our workers safe. Motorists need to slow down, pay attention and do their part to maintain a safe road network.”