Michael E. Haglund, OSB No. 772030

email: mhaglund@hk-law.com

HAGLUND KELLEY LLP

200 SW Market Street, Suite 1777

Portland, Oregon 97201

Phone: (503)225-0777

Facsimile: (503) 225-1257

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

MATS JARLSTROM, an individual, Case No

COMPLAINT

Plaintiff, (42 u.S.C. $ 1e82)

CITY OF BEAVERTON, an Oregon municipal

corporation,

Defendant.

Plaintiff alleges:

INTRODUCTION

1. This is a civil rights case under Section 1983 of the Civil Rights Act of 7964,

42 U.S.C. $ 1983. Plaintiff challenges the legality of the City of Beaverton's yellow light

intervals at signalized intersections, which are too short to comply with the Oregon Vehicle Code

governing traffic control devices and expose plaintiff, other residents of the City of Beaverton

Haglund Kelley LLP

200 SW Market Street, Suite 1777

Portland, OR 97201

Tel: (503) 225-0777 / Fnx: (503) 225-1257

0000027637 H073P L0 l

v

PAGE 1 - COMPLAINT

Case 3:14-cv-00783-AC Document 1 Filed 05/13/14 Page 1 of 5
and visitors to the City to serious risk of injury or death when attempting to cross these

intersections as pedestrians or in a vehicle.

JURISDICTION AND VENUE

2. This Court has jurisdiction by virtue of this case arising under the provisions of a

federal civil rights statute,42 U.S.C $ 1983. Venue in this district is proper under 28 U.S.C. $

13 8 1 because the City of Beaverton transacts business within this district and the events giving

rise to plaintiff 's claims occurred within this district.

PARTIES

3. Plaintiff Mats Jarlstrom is an individual and resident of Beaverton, Oregon.

4. Defendant City of Beaverton is an Oregon municipal corporation.

FIRST CLAIM FOR RELIEF

(Section 1983 Civil Riehts Claim)

5. Plaintiff realleges paragraphs I through 4 above.

6. Defendant City of Beaverton operates multiple traffic control devices throughout

its jurisdiction and has the final authority over the timing of yellow light and red light intervals at

signalized intersections within its boundaries.

7 . The Oregon Vehicle Code at ORS 81 |.260(4) defines the legally authorized

response of a driver who sees a yellow light while approaching a signalized intersection as

follows:

A driver facing a steady circular yellow signal light is thereby

warned that the related right of way is being terminated andthat a

red or flashing red light will be shown immediately. A driver

facing the light shall stop at a clearly marked stop line, but if none,

shall stop before entering the marked crosswalk on the near side of

the intersection, or if there is no marked crosswalk, then before

entering the intersection. If a driver cannot stop in safety, the driver

may drive cautiously through the intersection.

Haglund Kelley LLP

200 S\ry Market Street, Suite 1777

Portland, OR 97201

Tel: (503) 225-0171 / Fax: (503) 225-1257

0000027637H073PL0 l

PAGE 2 - COMPLAINT

Case 3:14-cv-00783-AC Document 1 Filed 05/13/14 Page 2 of 5
8. To comply with ORS 8I1.260(4), the trafhc control devices at signalized

intersections in Oregon must provide sufficient time for the duration of the steady yellow light

interval for the driver, who is too close to the intersection to stop safely, to drive cautiously

through the intersection.

9. The City of Beaverton is required to provide a yellow light interval in its

signalized intersections that complies with the Oregon Vehicle Code by providing sufhcient time

for the driver, who is too close to the intersection to stop safely when the yellow light

illuminates, to drive cautiously through the intersection. In fact, the duration of the yellow light

intervals utilized by the City of Beaverton are too short to allow a safe stopping distance for

vehicles that are too close to the edge of the intersection to stop safely when the yellow light first

illuminates.

10. In addition, at its red light camera enforced signalized intersections, the City of

Beaverton is illegally issuing tickets in violation of the Oregon Vehicle Code in the following

particulars:

a. Issuing tickets to drivers without providing a grace period equal to the

0.4 second maximum variance error that is a combination of the minimum

error of 0.I second in the red light camera system provided by defendant's

vendor Redflex and the trafhc light equipment error (controller and LED

lamps) of up to 0.3 seconds; and

Issuing a ticket to every driver whose vehicle is photographed in the

intersection when the light turns red despite the fact that drivers who are

too close to the intersection to stop safely when the yellow light hrst

illuminates do not have sufhcient time - even at the posted speed - to

drive through the intersection before the red light illuminates.

I 1. For drivers intending to make a right turn at a red light camera enforced

intersection in Beaverton who are too close to the intersection to stop safely when the yellow

light illuminates, the illegally short duration of the City of Beaverton's yellow light intervals

Haglund Kelley LLP

200 SW Market Street, Suite 1777

Portland, OR 97201

Tcl: (503) 225-0777 / Fax: (503) 225-1257

0000027637 H073PL0l

b

PAGE 3 - COMPLAINT

Case 3:14-cv-00783-AC Document 1 Filed 05/13/14 Page 3 of 5
guarantees that all of these drivers will be issued tickets. This is because a vehicle must

decelerate to make the right turn and will not have suffrcient time to clear the intersection and

make the right turn before being photographed by the Redflex camera system. As a result, the

number of tickets issued to drivers making right turns at Beavefton red light camera enforced

signalized intersections has increased dramatically since the Redflex camera systems were

installed, virtually all of which were issued in violation of the Oregon Vehicle Code.

12. The City of Beaverton's unlawfully short yellow light intervals also expose

pedestrians, drivers and vehicle passengers to serious risk ofphysical injury or death because

pedestrians andlor the vehicles may be entering the intersection with a green light before a

vehicle attempting to safely drive through an intersection during the yellow light interval has

sufficient time to accomplish that transit.

13. As an example, the intersection at Southwest Allen Boulevard and Lombard

Avenue is programmed to provide a 3.5 second yellow light interval. As demonstrated by the

diagram attached as Exhibit A, the driver of an automobile travelling eastbound on Southwest

Allen Boulevard at the posted speed of 30 mph that is 141 feet from the intersection stop line

when the yellow light illuminates, who does not instantly brake (within one second) and come to

a complete stop, will be in the eastern crosswalk at the point where the northbound light has

turned green and a pedestrian would have the signal to enter the crosswalk. This 3.5 second

yellow light interval violates ORS 8 11.260(4) by failing to provide adequate time for the driver

to drive through the intersection safely.

14. In utilizing the Redflex red light camera system at signalized intersections with

illegally short yellow light intervals at those intersections, the City of Beaverton is unlawfully

Haglund Kelley LLP

200 S\ü Markct Strcct, Suite 1777

PortlRud, OR 97201

Tel: (s03) 225-0771 / Fax: (503) 225-1257

0000027637 H073PL0 I

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Case 3:14-cv-00783-AC Document 1 Filed 05/13/14 Page 4 of 5
generating substantial revenues from traffic violations while at the same time compromising

public safety.

15. In the operation of its signalized intersections, the City of Beaverton should be

preliminarily and permanently enjoined from maintaining a yellow light interval at any

signalized intersection, including red light camera enforced intersections, that is too short to

allow a driver, who has insufficient time to stop when the yellow light illuminates, sufficient

time to drive through the intersection safely.

WHEREFORE, plaintiff prays for judgment against the City of Beaverton on his First

Claim for Relief for preliminary and permanent relief as alleged above and for his attorney's fees,

costs and disbursements incurred herein.

DATED this y of May,2014

HAGLTIND KELLEY LLP

,

E.Haglund,772 0

mhaglund@hk-law.com

Attorneys for Plaintiff

G'

Haglund Kelley LLP

200 SW Market Street, Suite 1777

Portland, OR 97201

Tcl: (503) 225-0771 / Fax: (503) 225-1257

0000027637H073P L0 l

PAGE 5 - COMPLAINT

Case 3:14-cv-00783-AC Document 1 Filed 05/13/14 Page 5 of 5