“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.”—Charles de Montesquieu
We labor today under the weight of countless tyrannies, large and small, carried out in the name of the national good by an elite class of government officials who are largely insulated from the ill effects of their actions. We, the middling classes, are not so fortunate. We find ourselves badgered, bullied and browbeaten into bearing the brunt of their arrogance, paying the price for their greed, suffering the backlash for their militarism, agonizing as a result of their inaction, feigning ignorance about their backroom dealings, overlooking their incompetence, turning a blind eye to their misdeeds, cowering from their heavy-handed tactics, and blindly hoping for change that never comes.
As I point out in my book, A Government of Wolves: The Emerging American Police State, the overt signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government are all around us: warrantless surveillance of Americans’ private phone and email conversations by the NSA; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; roving TSA sweeps; privatized prisons with a profit incentive for jailing Americans; fusion centers that collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling.
Yet as egregious as these incursions on our rights may be, it’s the endless, petty tyrannies inflicted on an overtaxed, overregulated, and underrepresented populace that occasionally nudge a weary public out of their numb indifference and into a state of outrage. Consider, for example, that federal and state governments now require on penalty of a fine that individuals apply for permission before they can grow exotic orchids, host elaborate dinner parties, gather friends in one’s home for Bible studies, give coffee to the homeless, or keep chickens as pets.
Consider, too, the red light camera schemes that have been popping up all over the country. These traffic cameras, little more than intrusive, money-making scams for states, have been shown to do little to increase safety while actually contributing to more accidents. Nevertheless, they are being inflicted on unsuspecting drivers by revenue-hungry municipalities, despite revelations of corruption, collusion and fraud.
In most cases, state and local governments arrange to lease the cameras from a corporation such as Redflex, which takes its cut of ticket revenue first, with the excess going to the states and municipalities. The cameras, which are triggered by sensors buried in the road, work by taking photos of drivers who enter intersections after a traffic light turns red. What few realize, however, is that you don’t actually have to run a red light to get “caught.” Many drivers have triggered the cameras simply by making a right turn on red or crossing the sensor but not advancing into the intersection.
Indeed, these intricate red light camera systems—which also function as surveillance cameras—placed in cities and towns throughout America, ostensibly for our own good, are in reality simply another means for government and corporate officials to fleece the American people. Virginia is a perfect example of what happens when politicians sacrifice safety to generate revenue. In March 2010, Governor Bob McDonnell approved legislation that allows private corporations operating the red light camera systems, such as the Australian-based Redflex, to directly access motorists’ confidential information from the Department of Motor Vehicles. What this means is that not only will government agents have one more means of monitoring a person’s whereabouts, but a remote, privately-owned corporation will now have access to drivers’ confidential information.
Another provision signed into law by McDonnell also shortened the amount of time given to alleged traffic law violators to respond to citations resulting from red light camera violations. While prior law allotted 60 days for the response, the amendment cut that time in half to 30 days. This gives the driver scant time to receive and review the information, determine what action is required, inspect the evidence, consider appealing the citation and respond appropriately. In this way, by shortening the appeal time, more drivers are forced to pay the fine or face added penalties.
For red light camera manufacturers such as Redflex, there’s a lot of money to be made from these “traffic safety” fines. Redflex, which has installed and operates over 2,000 red light camera programs in 220 localities across the United States and Canada, made $25 million in 2008. In addition to revenue from fines, Redflex also gets paid for installing the red light cameras, which cost $25,000 a pop, plus $13,800 per year for maintenance.
Although these cameras are in use all across America, Chicago boasts the “largest enforcement program in the world.” Since installing Chicago’s 384 red light cameras in 2003, Redflex has made $97 million from residents of the Windy City, while the city has profited to the tune of over $300 million. Hoping to pull in an additional $30 million for the year 2013, Mayor Rahm Emanuel began negotiating a new contract last year with Redflex to install speed cameras. However, contract negotiations for the speed cameras were terminated shortly after it was revealed that Chicago city officials had been on the receiving end of millions of dollars in financial bribes from Redflex. Chicago is now in the process of terminating its contract with Redflex, despite seeming attempts by Mayor Emanuel’s office to delay the process.
Redflex’s use of graft and chicanery in Chicago in order to pull in greater profits seems to be the rule rather than the exception when it comes to the company’s overall business practices. For example, in Center Point, Alabama, a red light camera program (again operated by Redflex) saw motorists being issued fines under the pretext that their tickets could be appealed and their cases heard in court. Unfortunately, since no such court exists, those targeted with citations were compelled to pay the fine. They are now pursuing a class-action lawsuit against the city and Redflex.
One particularly corrupt practice aimed at increasing the incidence of red light violations (and fines) involves the shortening of yellow lights in intersections with red light cameras, despite the fact that reports show that lengthening the yellow lights serves to minimize accidents. According to the U.S. Department of Transportation, “a one second increase in yellow time results in 40 percent decrease in severe red light crashes.”
Indeed, those who claim to champion the use of red light cameras in the name of traffic safety are loath to consider reducing the length of yellow lights if it means losing significant citation revenue. An investigative report by a Tampa Bay news station revealed that in 2011, Florida officials conspired to reduce the length of yellow lights at key intersections below minimum federal recommendations in order to issue more citations and collect more fines via red light camera. By reducing the length of yellow lights by a mere half-second, Florida officials doubled the number of citations issued. Contrast that with what happened when the yellow light time was increased from 3 seconds to the minimum requirement of 4.3 seconds at one Florida intersection: traffic citations dropped by 90 percent.
If you want to know the real motives behind any government program, follow the money trail. Florida is a perfect example. In 2012 alone, Florida pulled in about $100 million from red light cameras operating in 70 communities. About half the profits went into state coffers, while the other half was split between counties, cities and the corporation which manufactures the cameras. Officials are anticipating increased profits of $120 million for 2013. Following the trail beyond the local governments working with Redflex to inflict these cameras on drivers, and you’ll find millions of dollars in campaign funds flowing to Florida politicians from lobbyists for the red light camera industry.
Fortunately, the resistance against these programs is gaining traction, with localities across the United States cancelling their red-light camera programs in droves. In early May 2013, officials in Phoenix, Arizona backpedaled on a one-year extension of their contract with Redflex, with the city’s chief financial officer, Jeff Dewitt saying, “We made a mistake.” Voters in League City, Texas became the fifth city in the state to vote to end red light camera enforcement, ending another of Redflex’s contracts in the United States. Cities in Florida, Arizona, and California have terminated contract negotiations with the company, and in March 2013, a parish in Louisiana voted to refund nearly $20 million in revenue from red-light cameras after yet another corruption scandal came to light. Florida state legislators are also considering banning all red light cameras in the state.
What’s the lesson here? Whether you’re talking about combatting red light cameras, banning the use of weaponized surveillance drones domestically, putting an end to warrantless spying, or reining in government overspending, if you really want to enact change, don’t waste your time working at the national level, where graft and corruption are entrenched. The place to foment change, institute true reforms, and resist government overreach is at the local level. That’s what federalism in early America was all about—government from the bottom up—a loose collective of local governments with power invested in the populace, reflecting their will to those operating at the national level. Remarking on the benefits of the American tradition of local self-government in the 1830s, the French historian Alexis de Tocqueville observed:
Local institutions are to liberty what primary schools are to science; they put it within the people’s reach; they teach people to appreciate its peaceful enjoyment and accustom them to make use of it. Without local institutions a nation may give itself a free government, but it has not got the spirit of liberty.
To put it another way, if we are to have any hope of reclaiming our run-away government and restoring our freedoms, change will have to start at the local level and trickle upwards. There is no other way.
John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead’s concern for the persecuted and oppressed led him, in 1982, to establish The Rutherford Institute, a nonprofit civil liberties and human rights organization whose international headquarters are located in Charlottesville, Virginia. Whitehead serves as the Institute’s president and spokesperson, in addition to writing a weekly commentary that is posted on The Rutherford Institute’s website (www.rutherford.org), as well being distributed to several hundred newspapers, and hosting a national public service radio campaign. Whitehead’s aggressive, pioneering approach to civil liberties issues has earned him numerous accolades, including the Hungarian Medal of Freedom