The Iowa Supreme Court has reversed a district court ruling that required the city of Ottumwa to turn over information on drivers who were caught speeding by the city’s automated traffic camera system — but didn’t get a ticket.
Former police sergeant Mark Milligan sought the information after getting a camera citation while driving a patrol car when he was off duty.
Milligan argued the information became exempt from a federal law created to prevent stalkers from obtaining D-O-T records because the information was used by police.
The Iowa Supreme Court ruled the information is not exempt and should be kept confidential.
An attorney for the city of Ottumwa, Skylar Limkemen, made that argument during oral arguments in September .
OC……..use as well” :18
Milligan’s attorney, Steven Gardner, told the justices during oral arguments that the information isn’t any different than when an actual officer stops a speeder.
OC………..a public record” :17
The Supreme Court ruling says Milligan testified he wanted the information for a federal lawsuit, but no information about the lawsuit was entered as evidence.
The ruling also says they disagree with the district court that traffic camera citations involve “driving violations,” as they are not sent to the D-O-T and do not go on a driver’s record.
Justice David Wiggins wrote a dissent to the opinion that says the information should be released under the exemptions.
Justice Brent Appel joined Wiggins’ dissent.