Suit challenges Missouri law limiting municipal court fines

ST. LOUIS (AP) - A dozen St. Louis-area municipalities sued the state Thursday, hoping to halt what they consider to be an unconstitutional new law that limits Missouri cities' ability to profit from minor traffic tickets and court fines.

The lawsuit, filed in Cole County, challenges the 4-month-old measure that was the first significant step taken by state lawmakers to address concerns raised after the August 2014 police shooting death of Michael Brown in Ferguson, itself a St. Louis suburb.

A U.S. Justice Department report in March cited racial bias and profiling in Ferguson's policing as well as a profit-driven municipal court system that frequently targeted blacks. Since then, the practices of many municipal court systems throughout the St. Louis area came under increased scrutiny.

Heralded as a tool in addressing possible predatory revenue-generating practices by municipal courts, the new law lowers the percentage of revenue most cities can collect from traffic fines and fees from 30 percent to 20 percent. Any extra money must go to schools, an attempt by lawmakers to take away incentives for local governments to rely on tickets for funding.

Cities in St. Louis County are capped at 12.5 percent - something Thursday's lawsuit, which does not include Ferguson as a plaintiff, insists "will wreak havoc and devastation in the St. Louis County municipalities' ability to provide their customary functions and services."

The new law also requires police departments in St. Louis County to become accredited within six years as well as providing an annual financial report to the state auditor - reforms the lawsuit considers "staggering" unconstitutionally unfunded mandates.

"It's our position that the state legislature, the General Assembly, had no right to single out the municipalities in St. Louis for what we would consider to be punishments," David Pittinsky, a Philadelphia attorney for the plaintiffs, told the Associated Press.

Noting Senate Bill 5 passed "overwhelmingly with strong bipartisan support," Missouri Attorney General Chris Koster, a Democrat, said in a statement that the measure "seeks to stop municipalities from abusing citizens through excessive ticketing practices."

"My office will vigorously defend the bill against this legal challenge," Koster said.

The lawsuit asks for a December hearing, with plaintiffs seeking preliminary and ultimately permanent injunctions against the measure that took effect Aug. 28, though communities have more time to implement many of the provisions.

The lawsuit's plaintiffs are Bel-Nor, Bel-Ridge, Cool Valley, Glen Echo Park, Moline Acres, Normandy, Northwoods, Pagedale, Uplands Park, Velda Village Hills, Vinita Park and Wellston, along with the mayors of Normandy and Pagedale.

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