Monroe Dispatch - No Struggle, No Progress

A controversial Richwood town ordinance initiated by Mayor Gerald Brown was challenged in a Ouachita Parish courtroom by a Richwood businessman, resulting in his tickets being dismissed, along with others with tickets and were present in the courtroom. Aaron Rayburn, who operates Angelina Bail Bond, located on Hwy 165, argued his case after receiving three tickets from a speed control program initiated by the town. The ordinance has been in effect for weeks, resulting in thousands of tickets sent to motorists by mail. Richwood residents were in an uproar when they realized that the individual on the side on Hwy 165 operating a speed camera was working in partnership with Brown to enforce the speed limit within the incorporated area of Richwood. When Rayburn appeared in court Tuesday, August 28, 2022, he presented his case showing that the town had allegedly violated several state statutes concerning automated speed enforcement programs. In its introductory form, the ordinance showed inconsistencies by stating that it was up for consideration on May 16, 2022. Also, on the ordinance were the votes recorded as yay/no. The date was listed as March 15, 2022. Interestingly on that page on the ordinance, as observed by this reporter, there was no indication of how each town alderman voted, as that section was blank. Rayburn also noted that Hwy 165 is a state roadway under the authority of the Department of Transportation Development (DOTD) and that appropriate signs must be erected alongside the roadway to warn drivers. The company employed by Richwood only had a "photo enforced" sign "warning" motorists which violated state statute R.S. 32:45. The statue goes on to say that "local municipal authorities or local parish authorities shall post signs indicating that a mobile camera is present. La. R.S. 32:235 says that "no local municipal or parish authority shall place or maintain any traffic control device upon any state-maintained highway without having first obtained the written approval of the DOTD".

An Attorney General Opinion: 19-0039, dated April 12, 2022, states that only law enforcement officers with the authority of a "peace officer" as provided by law enforcement provisions of the LA Highway Regulatory Act. The city may not authorize non-law enforcement officers to enforce the provision of the Act. In short, the civilian employee of a private contractor is not authorized to enforce limited provisions of the Act concerning the investigation of traffic accidents and issuing citations.

Town Alderman Wysinger Cleveland, who initially voted for the ordinance, now says that he will try to get his colleagues to ask to rescind the ordinance, sending it back to the mayor. Cleveland noted discrepancies within the ordinance now that some tickets had been dismissed and feels that the mayor may re-introduce the ordinance, but not in its present form.