Judge Dismisses Lawsuit Challenging Salem Speed Limits

SALEM, MA —U.S. Magistrate Judge Marianne B. Fowler approved the City of Salem's motion Monday to dismiss a federal lawsuit challenging speed limit enforcement on Swampscott Road. Sever was represented by Frederic P. Zotos, who has filed similar lawsuits against Hingham and other Massachusetts towns.

In his lawsuit, Sever claimed the Salem improperly modified speed limit signs and, as a result, could not enforce speed limits on the road. The lawsuit further contends Salem violated Sever's Fourteenth Amendment rights protecting him against unreasonable search and seizure. City Council passed rules in March 2017 establishing a speed limit of 25 mph on any city roadway in a thickly-settled or business district that is not a state highway, but later repealed those rules for Swampscott Road.

"The risk that plaintiff identifies — unreasonable seizures — is not the same type of injury," Fowler wrote in her ruling.

While the city conceded hundreds of invalid speeding tickets had been issued because the roadway had not undergone the traffic study needed to lower the speed limit to 25 mph from 40 mph, it argued in its motion to dismiss that Sever did not have standing to file the lawsuit because "he has suffered no injury in fact, any potential injury he suffered was not caused by the challenged action, and a favorable resolution of his claim would not redress the alleged injury."