Controversy Over Las Cruces Punishment For Red Light Offenders

People all over the country are questioning whether the city of Las Cruces’s new policy of cutting off utilities for red light ticket offenders who don’t pay up is legal.

The chairman of the New Mexico Public Regulation Commission told ABC-7 it’s unacceptable and just plain wrong.

City officials said they have the right to do this according to city laws.

Mayor Ken Miyagishima said threatening to cut off water, sewage and gas for red light ticket offenders is the best way for the city to get the attention of people who have avoided paying hundreds of dollars in fines for several years.

“Once they get that notice they’re going to realize we’re serious,” Miyagishima said.

So far the city has mailed out five letters warning people to pay up or get their utilities shut off. City spokesman Udell Vigil said they’ve received a positive response with people setting up payment plans. He told ABC-7 the city has received about $5,000 in payments, just a fraction of the nearly $2 million owed to the city in unpaid red light camera tickets.

Miyagishima stressed that not every red light offender would receive this treatment. He said the city is targeting the top 30 or 40 offenders. The top five alone have racked up more than $8,000 in unpaid tickets, with about 15 tickets each ranging from as far back as 2009.

“Fifteen to 20 tickets. That’s a lot. I mean, we have buffers. We have things built in that if you’re getting a speeding ticket, you are speeding. And if you get 20 of those, you have to question their driving ability,” Miyagishima said.

PRC Chairman Patrick Lyons said it’s inhumane to cut off people’s utilities for a traffic-related problem.

“Cut off water and sewage, you can’t even get a drink of water, you can’t use your swamp cooler, and you can’t go to the bathroom,” Lyons said. “By cutting someone’s utilities off, you’re endangering that person’s life. You just can’t do that when you have a hot summer coming up.

Miyagishima said as long as these people make an attempt to pay or at least set up payment plans, they won’t have to see what it’s like to live without running water.

“That’s really what this is all about. I seriously doubt that we will actually end up turning anyone’s utilities off,” Miyagishima said.

Lyons said even if this is an empty threat, there has to be a better way to get through to people.

“It’s a bluff that’s not going to work. People know that. It’s a drastic measure. City Council shouldn’t be doing that to people, threatening their life really,” Lyons said.

Miyagishima said the city has tried other options but after years of nonpayment, a drastic measure like this is necessary to get people to pay up.

“We know that we can’t go on to private property and put the boot on. We can put a lien on, but if they’re avoiding our calls from our collection agency and others, what makes us think they’re going to pay us even with a lien?” Miyagishima said.

Miyagishima said of the $2 million owed to the city, they only expect to recover about $100,000. The city only receives 25 percent of that. He said the city only makes money if the tickets are paid so they don’t lose any money in the end. However, the money that should be collected would go toward paying for part-time positions and other essentials in the city.

To address those concerned over a family being affected by one person’s negligence, Miyagishima said the person who has the unpaid tickets has to be the named account holder on the utilities bill in order for the city to actually shut them off.

Miyagishima said no one’s utilities have been shut off because of the policy at the time of this report.