Smith v. City of St. Louis

• Decision Date: 29 October 2013
• Docket Number: No. ED 98263.,ED 98263.
• Citation: 409 S.W.3d 404
• Parties: Alexa SMITH, Faith Morgan, and David Boyd, on behalf of themselves and all other similarly situated, Respondents/Cross–Appellants, v. CITY OF ST. LOUIS, Appellant.
• Court: Missouri Court of Appeals

409 S.W.3d 404

Alexa SMITH, Faith Morgan, and David Boyd, on behalf of themselves and all other similarly situated, Respondents/Cross–Appellants,

v.CITY OF ST. LOUIS, Appellant.

No. ED 98263.

Missouri Court of Appeals,

Eastern District,

Division One.

June 11, 2013.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 24, 2013.

Application for Transfer Denied Oct. 29, 2013.

Patricia Hageman, City Counselor, Michael A. Garvin, St. Louis, Mo, for appellant.

Russell F. Watters, Patrick A. Bousquet, Brown & James, P.C., St. Louis, MO, for respondents.

KURT S. ODENWALD, Judge.

Introduction

This appeal involves a challenge to the validity of an ordinance regulating what are commonly known as “red light cameras” in the City of St. Louis (“City”). Respondents Alexa Smith (“Smith”) and Faith Morgan (“Morgan”) (collectively, “Respondents”) received red light camera tickets stating that it had been determined by City's use of automated red light cameras that they had violated City's traffic code. Respondents challenged City's red light camera ordinance (“Ordinance”) in a seven-count, purported class-action petition. Respondents alleged the Ordinance violated their due process rights, the privilege against self-incrimination, and the Confrontation Clause, and claimed that the Ordinance was void because it conflicted with state law. Respondents also asserted claims of unjust enrichment and money had and received, and they sought a permanent injunction against enforcement of the Ordinance.

After considering competing motions for summary judgment, the trial court entered summary judgment in favor of City on Respondents' claims based upon violation of the privilege against self-incrimination, violation of the Confrontation Clause, unjust enrichment, and money had and received. The trial court entered summary judgment in favor of Respondents on their claims based upon procedural due process and conflict with state law. Respondents' request for permanent injunction was dismissed without prejudice.

City now appeals the trial court's entry of summary judgment in favor of Respondents on their claims of procedural due process violations and the Ordinance's conflict with state law. Respondents cross-appeal the trial court's entry of summary judgment in favor of City on their claim that the Ordinance violated their right against self-incrimination and on Respondent Smith's claim for a refund of the fine she paid under the theories of unjust enrichment and money had and received.

Because Respondent Morgan has an adequate remedy at law and may raise her procedural due process claims in municipal court, we reverse the judgment of the trial court granting judgment in favor of Morgan on said claims. Because the enactment of reasonable traffic regulations is a proper exercise of City's police power, and because City is a constitutional charter city possessing broad authority to enact legislation, we also reverse the trial court's judgment in favor of Respondents on their claim that the Ordinance conflicts with state law. However, since the Ordinance does not comply with the mandatory notice requirements of the Missouri Supreme Court rules, we affirm the trial court's judgment in favor of Smith invalidating the Ordinance, although not on procedural due process grounds. Because the Ordinance is void due to its failure to meet the requirements of Missouri Supreme Court rules, we do not reach the issue of whether the Ordinance violates the right against self-incrimination. Finally, we affirm the judgment of the trial court in favor of City on Smith's claims for restitution because Smith is barred from receiving a refund of the fine she voluntarily paid.

Factual and Procedural History

On November 8, 2005, City approved Ordinance 66868, which authorizes the installationand use of red light cameras at dangerous intersections to detect and prosecute violations of existing City traffic ordinances pertaining to traffic signals. The Ordinance creates a presumption that the owner of the motor vehicle was the operator of the vehicle at the time and place of the violation, thereby allowing prosecution against the owner of the vehicle. That presumption may be rebutted by a statement from the owner that, at the time of the violation, the vehicle was being operated by a person other than the owner or that the vehicle or its license plate was stolen. The Ordinance does not include a specific penalty provision, but is subject to City's general penalty provision for violations of traffic ordinances, which provides for a fine of not more than $500 or confinement for not more than 90 days in jail, or both.

City began operation of the red light cameras in May 2007. The red light cameras capture images only of the offending vehicle and its license plate, and not an image of the driver's face. A police officer then reviews the recorded images collected by the red light cameras and determines whether probable cause exists to believe that a red light violation has occurred. If the officer finds probable cause exists, a Notice of Violation is issued by the City to the registered owner of the vehicle. The Notice of Violation directs the owner to pay a $100 fine or fill out the attached affidavit of non-responsibility, and states that payment of the fine constitutes an admission of guilt or liability. The Notice of Violation also states that if the owner fails to pay the fine by the due date or to appear in court on his or her court date, “further legal action may be taken against you by the City of St. Louis.” No court date is provided on the Notice of Violation, and no information is provided to inform the owner that he or she may request a court date. The Notice of Violation provides that a violation of the Ordinance is a non-moving violation and that no points will be assessed to the recipient's license.

If an owner does not pay the $100 fine by the due date indicated on the Notice of Violation, City mails a Final Notice to the owner. The Final Notice states that the owner must appear in St. Louis City Court on a specific date and time. The Final Notice informs the owner that it is in his or her “best interest to pay [the fine] immediately,” and that failure to respond to the Final Notice may result in further legal action by City.

On September 6, 2007, City issued Smith and her mother, Deborah Smith, a Notice of Violation for failing to completely stop before making a right-hand turn against a red traffic signal. Smith and her mother co-owned the vehicle, which was also used by her father and boyfriend; however, no one could recall who was driving the vehicle on the date and time listed on the Notice of Violation. Smith forgot to pay the fine by the due date, and on October 10, 2007, City issued Smith a Final Notice stating that she must appear in St. Louis City Court. However, the court date listed on the Final Notice was March 23, 2007, a date six months prior to the alleged violation. The Final Notice admonished Smith that it was in her “best interest to pay this immediately” and that “failure to respond may result in further legal action by the City of St. Louis.” Smith feared a warrant might be issued for her arrest given the language of the Final Notice, and she immediately paid the $100 penalty.

On November 30, 2009, City issued Morgan a Notice of Violation for failing to completely stop before making a right-hand turn against a red traffic signal. Morgan did not pay the fine, and on January 4, 2010, City issued her a Final Notice. The Final Notice said Morgan must appear in St. Louis City Court on January 28, 2010. Morgan's Final Notice also stated that it was in her best interest to pay the fine immediately or face further legal action by the City of St. Louis. Morgan did not appear in court and did not pay the fine.

On September 20, 2010, Respondents filed a Third Amended Class Action Petition (“Third Amended Petition”) in the Circuit Court for the City of St. Louis on behalf of two proposed classes.¹ The first proposed class was made up of Missouri citizens who received a Notice of Violation and paid the $100 fine. Subclass 1 was represented by Smith. The second proposed class consisted of Missouri citizens who received a Notice of Violation, had not paid the $100 fine, and whose cases were still pending in Municipal Court. Subclass 2 was represented by Morgan.²

The Third Amended Petition asserted seven counts, including: the Ordinance violates the due process guarantees of Article I, Section 10 of the Missouri Constitution (Count I); the Ordinance compels the accused to testify against himself or herself in violation of Article I, Section 19 of the Missouri Constitution (Count II); the Ordinance deprives the accused of the right to confront their accusers in violation of Article Section 18(a) of the Missouri Constitution (Count III); unjust enrichment on behalf of Subclass 1 (Count IV); money had and received on behalf of Subclass 1 (Count V); a request for permanent injunction on behalf of Subclass 2 (Count VI); and the Ordinance conflicts with multiple Missouri statutes (Count VII). Respondents requested relief in the form of restitution, declaratory and injunctive relief, punitive damages, pre-judgment interest, post-judgment interest, and attorneys' fees and costs.

City filed a motion for partial summary judgment against Smith and all members of Subclass 1 based on the doctrines of voluntary payment, waiver, and estoppel. Respondents also filed individual motions for partial summary judgment on the constitutional claims alleged in Counts I, II, and III, and on the allegations that the Ordinance conflicts with state law and is therefore void. City then filed a cross-motion for summary judgment with respect to all Respondents' claims.

On May 20, 2011, the trial court issued an order and partial judgment (“Partial Judgment”) granting in part and denying in part City and Respondents' motions for summary judgment. The trial...