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STATE OF LOUISIANA NO. 09-CA-952
VERSUS COURTOFAPPEAL FIFTH CIRCUIT OFTH CIRCUIT
FRED C. STRONG FEB -8 2010 COURT OF APPEAL
STATE OF LOUISIANA
ON APPEAL FROM THE FIRST PARISH COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 172-9433, DIVISION "B"
HONORABLE GEORGE W. GIACOBBE, JUDGE PRESIDING

February 2, 2010

EDWARD A. DUFRESNE, JR.
CHIEF JUDGE

Panel composed of Judges Edward A. Dufresne, Jr., Susan M. Chehardy, and Marc E. Johnson
PAUL D. CONNICK, JR.
District Attorney TERRY M. BOUDREAUX Assistant District Attorney Twenty-Fourth Judicial District Parish of Jefferson 200 Derbigny Street Gretna, LA 70053 COUNSEL FOR PLAINTIFF/APPELLEE
JOSEPH R. MCMAHON, III Attorney at Law 110 Ridgelake Drive Metairie, LA 70001
and
ANTHONY S. MASKA Attorney at Law 1350 Park Drive, Suite A Mandeville, LA 70471 COUNSEL FOR DEFENDANT/APPELLANT
APPEAL CONVERTED TO WRIT, WRIT DENIED
Fred C. Strong, defendant-appellant, was charged by a bill of information in the First Parish Court of Jefferson Parish with violating Jefferson Parish Ordinance 36-309 (the automated traffic signal enforcement system or the "red light camera" ordinance). Defendant urged a motion to quash the bill and originally argued that because the proceeding was civil in nature it could not be brought by a bill, but instead required a petition. Before the motion was heard he argued alternatively that the ifthe proceeding were deemed criminal then it was in violation of constitutionally protected rights.
The parish court judge ruled that it was a civil proceeding. He further cited La. R.S. 13:2561.4, which prohibits First Parish Court from ruling on the constitutionality of ordinances. He therefore ordered the case transferred to the
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