Watters is seeking $10 million in damages from the city -- a figure he bases on the 10,000 or so people who've paid the $100 fine from the cameras.By circumventing RSMo 302.302 (a state law that requires all moving violation to access points), by threatening further legal action, such as imprisonment, for failure to pay the violation, by enacting and enforcing a presumption of guilt pursuant to the Ordinance, and by limiting the defenses available to an accused, Defendant has created a scenario whereby defending oneself against a violation of the Ordinance becomes impractical, financially unsound and legally burdensome when weighed against simply paying the fine.
Furthermore, Plaintiffs and Class could not defend themselves by challenging the constitutionality of the ordinance at the municipal court hearing, as the only defenses applicable to the alleged violation were those enumerated within the Ordinance.
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