ORDER
TABLE OF CONTENTS
I. INTRODUCTION 825
III. SUBJECT MATTER JURISDICTION.....................................825
IV. STANDARD OF REVIEW..................... 825
V.FACTUAL BACKGROUND......................................'..........826
A. Traffic Camera System..............................................826
B. Plaintiffs ........................................................827
1. Gary Hughes....................................................827
2. Arash Yarpezeshkan, Edward G. Robinson and James Louis Sparks .......................................................827
3. Krisanne M. Duhaime and Gerald Reid Duhaime ..................828
4. David Mazgaj...................................................828
5. Susan M. Dumbaugh ............................................828
6. Jerry Northrup..................................................828
7. Daniel Ray French and Jeffrey V. Stimpson........................828
8. Roger L. Lee....................................................828
VI. ANALYSIS....................'.........................................828
A. Standing of Gary Hughes, David Mazgaj and Roger L. Lee...............828
1. Parties’ arguments..............................................828
2. Applicable law..................................................829
3. Application.....................................................829
a. Gary Hughes................................................829
b. David Mazgaj ...............................................831
c. Roger L. Lee ................................................832
B. Procedural Due Process Claim Standing..............................832
1. Parties’ arguments..............................................832
2. Applicable law..................................................833
3. Analysis........................................................834
C. Mootness of Susan M. Dumbaugh’s Claims............................835
D. Failure to State a Claim for Which Relief Can Be Granted..............836
1. Waiver.........................................................836
a. Parties’ arguments......:............................... —836
b. Applicable law ..............................................837
c. Analysis....................................................837
2. Substantive due process.................................'.........838
a. Parties’ arguments..........................................838
b. Applicable law ..............................................838
c. Analysis....................................................840
3. Equal protection ................................................841
a. Parties’ arguments........................................,. 841
b. Applicable law ..............................................841
c. Analysis....................................................842
4. Privileges and immunities.......................................843
a. Parties’arguments..........................................843
b. Applicable law ..............................................843
c. Analysis....................................................844
5. Department of Transportation rules...............................845
a. Parties’arguments..........................................845
b. Applicable law ..............................................845
c. Analysis....................................................846
6. Unjust enrichment ..............................................848
E. Plaintiffs’Remaining Claims........................................848
VII. CONCLUSION................ 849
The matter before the court is Defendants City of Cedar Rapids, Iowa and Gatso USA, Inc.’s (collectively, “Defendants”) “Motion to Dismiss Second Amended Complaint” (“Motion to Dismiss”) (docket no. 19).
II.PROCEDURAL HISTORY
On September 2, 2014, Plaintiffs filed a Class Action Petition in the Iowa District Court for Linn County, Iowa, Case No. EQCV081602. Class Action Petition (docket no. 2-2). On October 3, 2014, Defendants removed the case to this court on the basis of federal question jurisdiction. See Joint Notice of Removal (docket no. 2), On December 17, 2014, Plaintiffs filed a Second Amended Complaint (docket no. 18). On January 5, 2Ó15, Defendants filed the Motion to Dismiss. On February 2, 2015, Plaintiffs filed a Resistance (docket no. 28). On February 12, 2015, Defendants filed a Reply (docket no. 29). Neither party requests oral argument on the Motion to Dismiss, and the court finds that oral argument is unnecessary. The Motion to Dismiss is fully submitted and ready for decision.
III.SUBJECT MATTER JURISDICTION
The court has federal question jurisdiction over Plaintiffs’ claims because they arise under the United States Constitution. See 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”).
The court has supplemental jurisdiction over Plaintiffs’ state-law claims because they are so related to the claims over which the court has federal question jurisdiction that they-form part of the same case or controversy.
IV.STANDARD OF REVIEW
Federal Rule of Civil Procedure 12(b)(1) provides for dismissal on the basis of “lack of subject-matter jurisdiction.” Fed.R.Civ.P. 12(b)(1); see also Cmty. Fin. Grp., Inc. v. Republic of Kenya,
Federal Rule of Civil Prpcedure 12(b)(6) provides for dismissal on the basis of “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6), To survive a Rule 12(b)(6) motion to dismiss, “a complaint must contain sufficient factual matter ... to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal,
Although a plaintiff need not provide “detailed” facts in support of his or her allegations, the “short and plain statement” requirement of Federal Rule of Civil Procedure 8(a)(2) “demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.” Id. (quoting Twombly,
V. FACTUAL BACKGROUND
Viewed in the light most favorable to Plaintiffs, the facts are as follows:
A. Traffic Camera System
In 2011, Defendant City of Cedar Rapids, Iowa (“City”) implemented an Automated Traffic Enforcement (“ATE”) system pursuant to the Cedar Rapids Code of Ordinances. See Cedar Rapids, Iowa Code of Ordinances § 61.138. The City contracted with Defendant Gatso USA, Inc. (“Gatso”) to assist the city in installing and operating the ATE system.
Under the ATE system, a camera captures an image of a-vehicle either failing to stop at a red light or traveling faster than the posted speed limit. ¡The City then mails a “Notice of Violation” to the registered owner of the vehicle, as required by the Cedar Rapids Code of Ordinances. See id. § 61.138(d)(1). A Notice of Violation informs the registered owner of the vehicle of the violation. See, e.g., Notice of Violation (docket no. 19-2) at 4. The Notice of Violation informs the registered owner of the vehicle that he-or she may either waive the right to a hearing by paying the civil penalty, or contest the violation. See id. at 5.
The Notice of Violation states that a vehicle owner who is a resident of the state of Iowa may contest’the violation in person at an administrative hearing. See id. A nonresident may contest the violation by filling out a form found at www. viewviolation.com and mailing it to a violation processing center in New York. See id. The Notice of Violation also states that the vehicle’s owner “may view the city ordinance at ... http://www.cedar-rapids. org.” Id.
The ordinance provides that a person charged with an automated traffic citation may challenge such citation in two ways:
1. By submitting in a form specified by the City a request for an administrative hearing to be held at the .Cedar Rapids Police Department before an administrative appeals board, (the “Board”) consisting of one or more impartial fact finders. Such a request must.be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation, and shall mail its written decision within 10 days after thehearing, to the address provided on the request for hearing. If the citation is upheld,, then the Board shall include in its written decision a date by which the fíne must be paid, and on or before that date, the Vehicle Owner shall either pay the fine or submit a request pursuant to the next paragraph, (e.)(2.).
2. By submitting in a form specified by the City a request that in lieu of the Automated Traffic Citation, á municipal infraction citation be issued and filed with the Small Claims Division of the Iowa District Court -in Linn County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Owner. Such a request will result in a court order requiring the Vehicle Owner to file an answer and appearance with the Clerk of Court, as .well as setting the matter for trial before a judge or magistrate. If the Court finds the Vehicle Owner guilty of the municipal infraction, state mandated court costs will be added to the amount of the fine imposed by this section.
Cedar Rapids, Iowa Code of Ordinances § 61.138(e). If a vehicle owner elects to have an administrative hearing and loses at such hearing, the City sends a second notice called a Notice of Determination. In such notice, the City states that the recipient of the Notice of Determination “may elect to resolve this Notice of Determination ... by paying the assessed fine or by appealing to the Small Claims Division of the Iowa District Court in Linn County.” See Notice of Determination (docket no. 19-2) at 10. The City also sends a Notice of Determination when a vehicle owner does not respond to the Notice of Violation within thirty days.
If the vehicle owner elects to proceed in the Small Claims Division of the Iowa District Court for Linn County and loses, he or she may “appeal [to the district court] from a judgment ... -by giving oral notice to the court at the conclusion of the hearing, or by .filing a written notice of appeal.” Iowa Code § 631.13. If the vehicle owner loses at the district court level, the vehicle owner may appeal to the Iowa Supreme Court. See Iowa R. Civ. P. 6.101. Violators of the Ordinance are subject to a civil fine between $25 (traveling one to five miles per hour above the speed limit) and $750 (traveling over thirty miles per hour above the speed limit in a construction zone). See Cedar Rapids, Iowa Code of Ordinances § 61.138(d);” see also Notices of Violation arid Notices of Determination (docket no. 19-2) at 4-51 (listing the fines levied against all named Plaintiffs). A person who violates the Ordinance does not risk losing his or her driver’s .license. See generally City of Cedar Rapids, Iowa Code of Ordinances § 61.138.
B. Plaintiffs
Plaintiffs include both residents and non-residents of Iowa. Plaintiffs are also at various stages in the ATE system process as follows:
1. Gary Hughes
Plaintiff Gary Hughes is a resident of Iowa. Hughes brings this claim because “he believes that he ... rightfully ha[s] fear that, as a [v]ehicle [o]wner regularly using the roads in Cedar Rapids, .[he] may be subject to .... civil liability resulting from the operation of the City’s ... ATE system.” Second Amended Complaint ¶ 2.a. He is “a, regular traveler on the City’s public streets and highways ... [but] has not yet received- a civil penalty under the ATE ordinance.” Id.
2. Arash, Yarpezeshkan, Edward G, Robinson and James Louis Sparks
Plaintiffs Arash Yarpezeshkan, Edward G. Robinson and James Louis Sparks are all residents of Iowa. Yarpezeshkan, Robinson and Sparks all received Notices of
3. Krisanne M. Duhaime and Gerald Reid Duhaime
Plaintiffs Krisanne M. Duhaime and Gerald Reid Duhaime are married and are residents , of Iowa. They received a Notice of Violation , and traveled to Cedar Rapids and appeared for an administrative hearing. The administrative appeal board found the Duhaimes liable. The record is unclear as to whether the Duhaimes challenged this determination in the Iowa District Court in Linn" County.
4. David Mazgaj
Plaintiff David Mazgaj is a resident of Iowa. Mazgaj received a Notice of Determination. Mazgaj appeared for an administrative hearing, at which the administrative- appeal board found him liable. Mazgaj paid the fine.
5. Susan M. Dumbaugh
Plaintiff Susan M. Dumbaugh is a resident of Iowa. Dumbaugh received a Notice of Violation. Dumbaugh appeared for an administrative hearing. At the hearing, the administrative appeal board found Dumbaugh liable. The Cedar Rapids Police Department subsequently sent Dum-baugh a letter “dismissing the citation” and finding that Dumbaugh had “no liability for the citation.” December 9, 2014 Letter (docket no. 19-2) at 52.
6. Jerry Northrup
Plaintiff Jerry Northrup is a resident of Florida. Northrup received a Notice of Violation. Northrup paid the fine.
7. Daniel Ray French and Jeffrey V. Stimpson
Plaintiff Daniel Ray French is a resident of Minnesota. Plaintiff Jeffrey V. Stimp-son is a resident of West Virginia. French and Stimpson both received Notices of Determination. French and Stimpson paid the fine.
8.Roger L. Lee
Plaintiff Roger L. Lee is a resident of Minnesota. Lee received a Notice of Violation. Lee appeared telephonically for an administrative hearing to challenge the Notice of Violation. The administrative appeal board found Lee hable and issued him a Notice of Determination. “Lee requested a Municipal Infraction be filed in the Iowa District Court for Linn County, Small Claims Division.” Brief in Support of the Motion (docket no. 19-1) at 12. This action is still pending. See id.
VI. ANALYSIS
In the Motion to Dismiss, Defendants argue that: (1) Plaintiffs Gary Hughes, David Mazgaj and Roger Lee lack standing to bring any claim; (2) ah Plaintiffs lack standing to bring a due process claim; (3) Plaintiff Susan M. Dumbaugh’s claim is moot; .and (4) all Plaintiffs fail to state claims on which relief can be granted. See ■Brief in Support of the Motion at 7-8.
A. Standing of Gary Hughes, David Mazgaj and Roger L. Lee
1. Parties’arguments
Defendants argue that: (1) Gary Hughes lacks standing because he “has not suffered a ‘concrete and particularized’ injury sufficient to establish standing”; (2) David Mazgaj lacks standing because “he has not suffered any injury in fact”; and (3) Roger L.. Lee lacks standing because he “is currently contesting his citation before the Iowa small claims court” and, therefore, “his-claims are not ripe for adjudication.” Brief in Support of the Motion at 9, 11, 13. Plaintiffs Gary Hughes, David Mazgaj and Roger L. Lee argue
2. Applicable law
“Article III of the Constitution limits the jurisdiction of federal courts to ‘Cases’ and ‘Controversies.’ U.S. Const. Art. III, § 2. The doctrine of. standing gives meaning to these constitutional limits by ‘identifying] those disputes which are appropriately resolved through the judicial process.’ ” Susan B. Anthony List v. Driehaus, - U.S. -, -,
3. Application
a. Gary Hughes
The court finds that Gary Hughes does not have standing under Article III. Specifically, Gary Hughes has not alleged that he has suffered an injury in fact.
At the pleading s.tage, a plaintiff must allege an injury in fact «to help “ensure that the plaintiff has a ‘personal stake in the outcome ''of the controversy.’ ” Susan B. Anthony List,
An injury sufficient to satisfy Article III must be “concrete and particularized” and “actual or imminent, not conjectural or hypothetical.” An allegation of future injury may suffice if the threatened injury is “certainly impending,” or there is a “substantial risk that the harm will occur.”
Id. (internal citations and quotations omitted). When a person is subject to the threatened enforcement of a law, “an actual arrest, prosecution, or other enforcement action is not á prerequisite to challenging the law.” Id. at 2342. Rather, the person subject to threatened enforcement of a law may challenge such law= “under circumstances that render the threatened enforcement sufficiently imminent.” Id. To qualify as sufficiently imminent, the plaintiff must allege “an intention to engage in a course of conduct arguably affected with a constitutional interest, but proscribed by a statute, and there exists a credible threat of prosecution thereunder.” Id. (quoting Babbitt v. Farm Workers,
Gary Hughes has not alleged that he intends “to engage in a course of conduct arguably affected with a constitutional interest, but proscribed by a statute.” Susan B. Anthony List,
In addition, the court finds that Gary Hughes does not have standing to pursue his claims under an Iowa rule that allows Iowa, courts .to render declaratory judgments.,. Gary Hughes urges the court to find Article III. standing basecl on Iowa Rule of .Civil Procedure 1.1101, which provides that:,
Courts of record within their-respective jurisdictions shall declare rights, status, and other legal relations whether or not further relief is or could be claimed. ' It shall be no .objection that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form or effect, and such declarations shall have the force and effect of a final decree. The existence of another remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.
Iowa R. Civ. P. 1.1101. That Iowa provides a mechanism for a party to seek a declaratory judgment does not affect the court’s analysis as to Gary Hughes’s Article III standing. “State courts may afford litigants standing to appear where federal courts would not, but whether they do has no bearing on the parties’ Article III standing in federal court.” Miller v. Redwood Toxicology Lab., Inc.,
b. David Mazgaj
The court finds that David Mazgaj does not have standing under Article III — that is, the court does not have original jurisdiction over David Mazgaj’s claims. David Mazgaj did not receive any Notice that he violated the ordinance. Rather, he alleges that he was driving a vehicle owned by his wife and his wife received a Notice. See Second Amended Complaint at 2-3. David Mazgaj states that he “is not, intending to assert third-party standing on behalf of his wife, but rather, [to] assert direct standing on his own behalf.” Resistance at 18. David Mazgaj’s claims fail for the same reasons Gary Hughes’s claims fail — David Mazgaj is “raising only a generally available grievance about government — claiming only harm to his and every citizen’s interest in proper application of the Constitution and laws, and seeking relief that no more directly and tangibly benefits him than it does the public at large.” Hollingsworth,
Despite stating that David Mazgaj do'es not assert third-party standing on behalf of his wife, David Mazgaj still argues that he “clearly-meets the re-quriements of the -limited exception to [third-party] standing.” Resistance at 19, A “plaintiff generally must- assert his [or her] own legal rights and interests, and cannot rest his [or her] .claim to relief on the legal rights or interests Of third parties.” Warth v. Seldin,
c. Roger L. Lee
The court finds that Roger L. Lee’s claims are ripe for adjudication.
Here, Roger L. Lee’s claims meet both prongs. Roger L. Lee’s claim is fit for judicial decision because no additional factual development would benefit the case — the Small Claims Division of the Iowa District Court for Linn County found Roger Lee guilty of violating the ordinánee and he “posted the bond of $125 and paid the cost of appeal of $185 ... to dispute his $75 ticket.”- Resistance at 19. No further factual development is necessary to determine whether the ATE system is constitutional. Additionally, Roger L. Lee has established hardship because he has sustained a direct injury resulting from the challenged ATE system by receiving a ticket and incurring the cost of litigating such ticket. See Pub. Water Supply,
B. Procedural Due Process Claim Standing
1. Parties’arguments
Defendants argue that Plaintiffs lack standing to bring procedural due process claims because they “cannot establish the causation element necessary for Article Ill-standing.” Brief in Support of- the Motion at 13.' Defendants contend that “Plaintiffs have' chosen not to fully participate in the process of which they complain.” Id.
Plaintiffs argue that each plaintiff has standing to pursue procedural due process claims because they “have alleged a variety of confusing information contained in the Notices of Violation.” Resistance at 23. Plaintiffs also contend that they have standing because the ordinance “is implemented in direct contravention of Iowa’s state law due process requirements” because the ATE system cameras “are placed and are operated in violation of their due process rights, as defined by administrative rules promulgated by the Transportation Commission.” Id. at 30, 32. That is, Plaintiffs argue that the Iowa Department of Transportation’s rules pro
2. Applicable law
Defendants rely on Shavitz v. City of High Point, 270 F.Supp.2d 702 (M.D.N.C.2003), for the proposition that “where the plaintiff had fair notice of the process and chose not to participate ... the plaintiffs do not have standing to pursue a [procedural] due process claim.” Brief in Support of the Motion at 18. See Shavitz,
Yet [the plaintiff] has not yet experienced the procedures she challenges, and so, at first blush, it appears difficult to question the district court’s conclusion that [the plaintiff] lacked standing; without having been injured by these procedures, she resembles a mere outsider with a non-justiciable ‘general grievance.’ See United States v. Hays,515 U.S. 737 , 743,115 S.Ct. 2431 ,132 L.Ed.2d 635 (1995) (“[W]e have repeatedly refused to recognize a generalized grievance against allegedly illegal government conduct as sufficient for standing to invoke the federal judicial power.”); Herrada v. City of Detroit,275 F.3d 553 , 558 (6th Cir.2001)(“Herra-da lacks standing to argue that hearings are not held despite requests by vehicle owners, because she elected to pay the fine rather than request a hearing.”). But this case .is more complicated than that.
Williams v. Redflex Traffic Sys., Inc.,
However, not all courts agree that if a plaintiff has not participated in the process, then he or she lacks standing to pursue a procedural due process challenge. See, e.g., Sevin v. Parish of Jefferson, 632 F.Suppl.2d 586, 598 (E.D.La.2008) (“The Shavitz court .appears to have confused the ‘injury in. fact’ requirement with the separate inquiry, not necessarily related to standing, into whether the plaintiff has stated a valid claim for relief.”). The Sevin court went on to state that:
The Shavitz court’s analysis confuses the standing inquiry with the merits inquiry. Questions about the proper interpretation of the Due Process Clause, which the Shavitz court treated as part of the “injury in fact” requirement, go to the validity of the plaintiffs claim. But the Süpreme Court has never held that a valid legal claim for relief is a' necessary prerequisite for standing; indeed, it has consistently treated the two questions separately.
Id. (footnote omitted). Despite this apparent disagreement, the court agrees with the Mills court that:
Regardless of whether analyzed through the doctrines of standing or waiver of procedural due process claims, “the basic reasoning is the same: Plaintiff has not taken advantage of the procedural processes offered to hiih, therefore he has not been harmed one way or another by such processes and, accordingly, cannot challenge them on due process grounds.”
Mills,
However, even when a plaintiff has not participated in the process, he or she could still have standing if he or -she was effectively prevented from participating in the process due to some defect. See, e.g., Williams v. Redflex Traffic Sys., Inc.,
3. Analysis
As an initial matter, the court finds that the process, as described by Plaintiffs in their Second Amended Complaint, is not so confusing so as to excuse them from availing themselves of the process. Plaintiffs cite numerous problems with the ATE scheme to justify their non-participation. For example, they state that: (1). the Notice of Violation does not state that .one who receives such a Notice has the ability to contest the violation in the Iowa district court; (2) the Notice of Violation erroneously provides language about the assignment of responsibility when the Ordinance has no such provision; (3) Defendants provide only thirty days in which to contest a violation;. (4) the Notice of Violation -does not adequately provide all possible defenses- an alleged violator of the ordinance may present, and it includes defenses not applicable to the Ordinance on a form created for a different jurisdiction; ■ (5) alleged violators are directed'to collateral websites which state that failure to pay 'the ticket will result-in loss of driving privileges, the driver may review video evidence of an alleged violation and drivers may'pay a fine on a website that does not exist; (6) some plaintiffs received a form directing them to one "address, while other plaintiffs received a form directing them to a different address; (7) if an accused violator of the ordinance elects to proceed in Iowa district court, court costs are added to the amount of the fine; (8) it costs money to appeal a 'magistrate judge’s opinion in small claims court; and (9) if is difficult to schedule a court date. See Resistance at 21-32. The only item in Plaintiffs’ litany of grievances that approaches a reason for preventing a plaintiff from participating in the process is the' fees that an alleged violator may be required to pay to contest the fine. See id. at 28-29. Plaintiffs rely on Redflex for the proposition that' the prospect of a fee that is charged in an amount in excess of the fine is really “no choice at all.” Id. at 28 (quoting Redflex,
Here, in contrast, an. alleged violator is only charged court costs if he or she loses
Plaintiffs Arash Yarpezeshkan, Edward G. Robinson, James Louis Sparks, Jerry Northrup, Daniel Ray French and Jeffrey V. Stimpson all received Notices of Violation and paid the fine without participating in the process' at all. Accordingly, whether looked at as an absence of standing or waiver, Arash Yarpezeshkan, Edward G. Robinson, James Louis Sparks, Jerry Northrup, Daniel Ray French and Jeffrey V. Stimpson cannot pursue procedural due process claims.1 However, Kri-sanne M. Duhaime, Gerald Reid Duhaime, Susan M. Dumbaugh and Roger L. Lee have all participated in the procedures set up by Defendants to varying degrees. While Defendants argue that Krisanne M. Duhaime, Gerald Reid Duhaime, Susan M. Dumbaugh and Roger L. Lee have not “fully participate^] in the process of which they complain,” Brief in Support of. the Motion at 13, each has participated to some degree in the process. Accordingly, Krisanne M. Duhaime, Gerald Reid Du-haime, Susan M. Dumbaugh and Roger L. Lee may all bring claims for a violátion of their procedural due process rights. Whether these plaintiffs have stated a claim for relief for procedural due process violations is discussed more fully in Part VI.D.5.
In short, the’'court shall grant the Motion to Dismiss to the extent it seeks to prevent Arash Yarpezeshkan, Edward G. Robinson, James Louis. Sparks, Jerry Northrup, Daniel Ray French and Jeffrey V. Stimpson from bringing procedural due process claims. The court shall deny the Motion to Dismiss to the extent it seeks to prevent Krisanne M. Duhaime, Gerald Reid Duhaime, Susan M. Dumbaugh and Roger L. Lee from bringing procedural due process claims.> •
C. Mootness of Susan M. Dumbaugh’s Claims
Defendants'argue that Susan M. Dum-baugh’s claims are moot because her “Notice of Violation has been dismissed” and, “[t]herefore, she no longer has a personal stake iii the outcome of this litigation.” Brief in Support of the Motion at 20. Susan M. Dumbaugh argues 'that her claims are not moot because Defendants cannot “prové "that the behavior will not recur?’ Resistance at 33. Plaintiffs 'also contend that “there aré presumably other unnamed mémbers of the [putative] class that still have a live claim against Defendants” and that “Defendants’ actions are certainly capable of repetition, and Ms. Dumbaugh might véry well be subject tc another Notice of Violation.” Id. at 34-35.
“A case becomes moot if it can be said with assurance that there is no reasonable expectation, .that the violation will recur or if interim relief or events have completely and irrevocably eradicated the effects of the alleged, violation.” Doe v. Nixon,
Here, despite Susan M. Dum-baugh’s violation having been dismissed, Defendants have not met their heavy burden of showing that the court “can no longer grant effective relief.” Id. Susan M. Dumbaugh, has incurred monetary costs by attending the administrative hearing. Besides seeking monetary relief, Susaan M. Dumbaugh also seeks, declaratory relief. See Second Amended Complaint ¶¶ 100-107. Were the eourt to grant declaratory relief to Susan M. Dumbaugh, she would receive effective relief. Accordingly, the court shall deny the Motion to Dismiss to the extént it seeks to dismiss Susan M, Dumbaugh because her" claims have'become moot.
D. Failure to State a Claim for Which Relief- Can Be Granted
Defendants argue that Plaintiffs fail to state a claim for which relief can be granted because: (1) Plaintiffs have waived their claims; (2) Plaintiffs fail to state a claim for a substantive due process violation; (3) Plaintiffs fail to state a claim for an equal protection violation; (4) Plaintiffs fail to state a claim for a privileges and immunities violation; (5) alleged violations of Department of Transportation rules do not create a claim for relief; and (6) Plainr tiffs fail to state a claim for unjust enrichment. See Brief in Support of the Motion at 19-34.
Plaintiffs argue that: (1) Plaintiffs have not waived their claims and waiver is an inappropriate defense to bring in a motion to dismiss; (2) Plaintiffs have stated a claim for a substantive due process violation; (3) Plaintiffs have stated a claim for an equal protection violation; (4) Plaintiffs have stated a claim for a privileges and immunities violation; (5) alleged violations of Department of Transportation demonstrate Defendants’ violation of Plaintiffs’ due process rights; and (6) Plaintiffs have stated a claim for unjust enrichment. See Resistance at 2.
1. Waiver
a. Parties’ arguments
Defendants argue that “Plaintiffs waived their claims by choosing to not participate in the process and paying their citations.” Brief in Support of the Motion at 21. Defendants contend that “[b]y paying ■ the fines without contesting the' violations ...
Plaintiffs argue that because “[w]aiver is an affirmative defense ..... [,] it is generally inappropriate for Defendants, to, advance such an argument” at this stage in the proceedings. Resistance at 35. Plaintiffs also argue that they “could by no means.be said to have waived all of their constitutional claims -..., including those for violations of equal protection and privileges and immunities, as well as the unconstitutionality of .the Ordinance on its face.” Id. at 36.
b. Applicable law
“[A] right ... is waived when it is ‘intentionally relinquished or abandoned.’” United States v. Demilia,
c. Analysis
Defendants rely on a Missouri Court of Appeals case for the proposition that when a “notice, contained clear information on how to dispute the. citation the court held that payment waived the claim.” Brief in Support of the Motion at 22 (citing Edwards v. City of Ellisville,
In addition, the court finds that Plaintiffs’ alleged waiver of their claims is not “apparent on the face of the complaint.” ABF Freight,
2. Substantive due process
a. Parties’ arguments
Defendants argue that Plaintiffs fail to state a claim for a violation of substantive due process because “[t]he enforcement of a valid traffic law ... does not violate a motorist’s right to travel.” ‘Brief in Support of the Motion at 24. Defendants also contend that “Plaintiffs have failed to allege facts to support a claim that the ATE system is not rationally related to a legitimate purpose.” Id.
Plaintiffs argue that they “have alleged that the constitutionally-protected rights to travel and to property have been violated by the Ordinance.” Resistance at 39. Plaintiffs also contend that they have áde-quately pled a violation of their substantive due process rights because the “Ordinance and its enforcement by the City and Gatso ... should ‘offehd judicial notions of fairness and human dignity.’”. Id. (quoting Young v. City of St. Charles,
b. Applicable law
A plaintiff may show a violation of substantive due process in two ways; (1) by showing that the challenged conduct “infringes ‘fundamental’ liberty interests, without narrowly tailoring that interference to serve a compelling state interest” or (2) by showing that the challenged conduct “is so outrageous that it shocks the conscience or otherwise offends ‘judicial notions of fairness, [or is] offensive to human dignity.’ ” Weiler v. Purkett,
To show that a fundamental right has been infringed, the court looks to “[t]he directness and substantiality of the interference” with the fundamental right at issue. Zablocki v. Redhail,
The right to travel is a fundamental right recognized by the Supreme Court. The Court stated that “[t]he constitutional right to travel from one State to another; and necessarily to use the highways and other instrumentalities of interstate- commerce in doing so, occupies a position fundamental to the concept of our Federal Union. It is a right that has been firmly established and repeatedly recognized.” United States v. Guest,
embraces at least three different components. It protects the right of a citizen of one State to enter and to leave anóther State, the right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in-¡the second State, and, for those travelers who elect to become permanent residents, the right , to be treated like other citizens of that State.
Saenz v. Roe,
To shock the conscience, the alleged violation must be “so severe ... so disproportionate to the need presented, and ... so. inspired by malice or sadism rather than a merely careless or unwise excess .of zeal that it amounted to brutal and inhumane abuse of official power literally shocking to the conscience.” Christiansen v. West Branch Cmty. Sch. Dist.,
c. Analysis
Plaintiffs fail to state a claim for a violation of substantive due process because they have not shown either that their fundamental right to travel has been infringed or that Defendants’ conduct shocks the conscience.
Turning first to the issue of whether Defendants have infringed Plaintiffs’ fundamental rights, Defendants’ conduct has not imposed an obstacle to out-of-state residents’ entry into Iowa and therefore the ATE system “does not directly impair the exercise of the right to free interstate movement.”
Because Plaintiffs have not adequately alleged thát' Defendants have violated a fundamental right, the court applies a rational basis test. Under rational basis, the court has no trouble concluding that the ATE' system is “rationally related to a legitimate government interest.” Gallagher,
The court also finds that Defendants’ alleged conduct does not remotely approach the level, of shocking the conscience. Plaintiffs argue that:
It ‘shocks the conscience’ ... that the State can set a minimum requirement for due process on its highways, and .the City can flaunt such requirements, by issuing citations from cameras and radar equipment that are located in direct violation of said minimum, requirements ____It shocks the conscience, further that citizens should be forced to consider whether paying a demanded fíne when threatened with the loss- of their driving privileges for failing to do so — when Iowa law expressfíy] prohibits the suspension of driving privileges in such circumstances.
Resistance at 40. These allegations are not “so severe ... [,] so disproportionate to the need presented, and ... so inspired by malice or sadism rather than a merely careless or unwise excess of zeal that it amounted to brutal and inhumane abuse of official power literally shocking to the conscience.” Christiansen,
3. Equal protection
a. Parties’ arguments
Defendants argue that “Plaintiffs have not alleged membership in a suspect class” and, therefore, “the ATE system is only subject to rational basis review.” Brief in Support of the Motion at 24-25. Defendants argue that the ATE system passes rational basis review.
Plaintiffs admit’ that they “are not members of suspect classes.” Resistance' at 43. However, they argue that they have a fundamental right to travel and such right “is impacted by an invalid trafficlaw, for a multitude of reasons.” Id.
b. Applicable law
“The Equal Protection Clause of the Fourteenth Amendment commands that no State shall ‘deny to any person within its jurisdiction the equal protection of the laws,’ which is essentially a direction that all persons similarly situated should be treated alike.” City of Cleburne v. Cleburne Living Center, Inc.,
c. Analysis
Plaintiffs’ equal protection argument fails for the same reasons their substantive due process arguments fail — Plaintiffs fail to state a claim for a violation of their fundamental right to travel. The Supreme Court has not explicitly identified in what part of the Constitution the fundamental right to travel is found, at least with regard to the first component of the right to travel. See Saenz,
Plaintiffs appear to' contend in their Second Amended Complaint that the ATE system .creates, arbitrary classes of citizens based on (1) whether vehicles have rear license plates and (2) whether certain vehicles are contained in a database that Defendants use to identify individuals according to license plate information. See Second Amended Complaint ¶ 35. The court concludes that such a classification is rationally related to a legitimate government interest. The City certainly has a legitimate interest in ensuring its traffic laws are enforced, and the ATE system helps the City to enforce such laws. That the ATE enforcement may be underinclu-sive because of the limitations of the camera system and the license plate databases does not matter. “It is no requirement óf equal protection that all evils of the same genus be eradicated or none at all.” Railway Exp. Agency v. New York,
4. Privileges and immunities
a. Parties’ arguments
Defendants argue that “there is no fundamental right at stake here” because “[t]he enforcement of a valid trafile'law ,.. does not violate a motorist’s right of travel.” .Brief in Support of the Motion at 30. Defendants additionally argue that “the ATE ordinance simply, does not distinguish between out-of-state residents and Iowans.” Id.
Plaintiffs argue that “Plaintiffs are treated differently depending on where they reside.” Resistance at 44. This is so, Plaintiffs argue, because “[i]f one lives an hour from Cedar Rapids one way, one does not need, to appear to contest an administrative hearing. Contrastingly, if one lives an hour the other way, one does have to appear. Óut-of-state residents also receive even more confusing information than in-state residents.” Id. Plaintiffs argue that their fundamental right to. travel is at stake and is .one of the privileges and immunities contemplated by the Privileges and Immunities Clause. Id.
b. Applicable law
The Privileges' and Immunities Clause is contained in Article IV, § 2 of the United States Constitution and states: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” U.S. Const. Art. IV.
When the Privileges and Immunities Clause has been applied to specific cases, it has been interpreted to prevent a State from imposing unreasonable burdens on citizens of other States in their pursuit of common callings within the State; in the. ownership and dispositionof privately held property within the State; and in access to the courts of the State. . ■
Baldwin v. Fish & Game Comm’n of Mont. 436, U.S. 371, 383,
“Application of the‘Privileges and Immunities Clause to a particular 'instance of discrimination against out-of-state residents entails a two-step inquiry. As an initial matter, the court must decide whether the ordinance burdens one of those privileges and immunities protected by the Clause.” United Bldg. & Const. Trades Council of Camden Cnty. & Vicinity v. Mayor and Council of City of Camden,
c. Analysis
The court finds that Plaintiffs fail to state -a claim for a violation of the Privileges and Immunities Clause. Plaintiffs- assert that the “fundamental right to travel ... bears on ‘the vitality of the Nation' as a single entity.’ ” Resistance at 44 (quoting Baldwin,
5. Department of Transportation rules
a. Parties’ arguments
Defendants argue that any violations of Iowa Department of Transportation (“IDOT”) rules “do not give rise to a constitutional claim, or any claim, against the defendants.” Brief in-Support of the Motion at 31. Defendants contend that, apart from constitutional claims, “a violation of the DOT rule[s] does not give Plaintiffs authority to enforce those rules.” Id. at 33.
Plaintiffs concede that they “are not alleging a private cause of action based on the Iowa Administrative Code ..., but rather, note [the IDOT rules] as a standard applicable to their claims, among other deficiencies in procedural due process.” Resistance at 46. That is, Plaintiffs appear to argue that because Defendants are not in compliance with IDOT rules, they violate Plaintiffs’ procedural due process rights.
b. Applicable law
“Procedural due process imposes constraints on governmental decisions which deprive individuals of ‘liberty’ or ‘property’ interests within -the meaning of the Due Process Clause of the Fifth or Fourteenth Amendment.” Mathews v. Eldridge,
To determine what-kind of process, is due, courts balance three factors: “(1) the nature and weight of the private interest affected by the challenged official action; (2) the risk of an erroneous deprivation of such interest as a result of the summary procedúres used; and (3) the governmental function involved and state interests served by such procedures, as well as the administrative and fiscal burdens, if any, that would result from the substitute procedures sought.”
Id. (quoting Coleman,
c. Analysis
Defendants have not explicitly moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Plaintiffs’ procedural due process claims for failing to state a claim on which relief may be granted.
To the extent that Plaintiffs argue that the IDOT regulations “provide the baseline of notice,” Resistance' at 45, required for due process, the court' disagrees. Whether the process provided is compliant with IDOT regulations is not relevánt to the procedural due process question. That is, the ATE system may comply with procedural due process even if it is not compliant with IDOT regulations. Conversely, if the ATE system complies with IDOT regulations, the ATE system may still not provide citation recipients with procedural due proeéss. Plaintiffs provide no authority for the proposition that noncompliance with state regulations implicates the Due Process Clause, and the court is aware of none.
Turning first to “the nature and weight of the private interest affected by the challenged official action,” Booker,
Turning next to “the risk of an erroneous deprivation of [the amount of the fíne] as a result of the summary procedures used,” Coleman,
1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Cedar Rapids Police Department béfore an administrative appeals board (the “Board”) consisting of one or more impartial fact finders. Such a request- must" be- filed within 30 days from the -date on Which Notice of the violation is sent -to the Vehicle Owner. After a hearing, the Board may either uphold or dismiss the Automated Traffic Citation, and shall mail- its written decision within 10, days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the Vehicle Owner shall either pay the fine or submit a request pursuant to the next paragraph, (e.)(2.).
2. By submitting in a form specified by the City a request that in lieu of the Automated Traffic Citation,-a municipal infraction citation be issued and filed with the Small Claims.- Division of the Iowa District Court in Linn County. Such a request must be filed within 30 days from the date on which Notice of the violation is sent to the Vehicle Own-, er. Such a request will result in a court, drder requiring the Vehicle Owner to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a judge or magistrate. If the -Court finds the Vehicle Owner guilty-of the municipal infraction, state-mandated court costs will be added to the amount of the fine imposed by this section. >.
Cedar Rapids, Iowa Code of Ordinances § 61.138(e). Thus, if a person receives a Notice of Violation and he or she does not believe any ordinance was violated, such person may participate in an administrative hearing at the Cedar Rapids Police Department or proceed to the Small Claims Division of the Iowa District Court in Linn County, Iowa. Even if a person decides to proceed with the administrative hearing, if the person is unhappy with the result, he or-she may still proceed to'the Small Claims Division of the Iowa District Court for Linn County.' Indeed, if such an individual'remains dissatisfied with the-decision of'the small claims cohrt, he or she may take the case all the way through the Iowa Supreme Court. Such process provides for “a hearing before an impartial decisionmaker.....at a meaningful time, and in ,a meaningful manner.” Booker,
Finally, Plaintiffs do not appear to propose any substitute procedure that differs from what Defendants provide. Indeed, one who receives a Notice of Violation may contest the violation all the way through the Iowa Supreme Court. . Accordingly, the court shall grant the Motion to Dismiss to the extent it argues that Plaintiffs fail to state a claim for relief, for a violation of procedural due process,
6. Unjust enrichment
Defendants argue that Plaintiffs fail to state a claim for unjust enrichment because several Plaintiffs voluntarily paid the citation and because Plaintiffs fail to show a violation of some underlying right. See Brief in Support of the Motion at 32-34.
Plaintiffs argue that “it is unjust to allow Defendants ... the retention of civil penalty proceeds” “[b]ased on the unconstitutionality of the Ordinance.” Resistance at 47.
“Unjust enrichment is an equitable doctrine of restitution, wherein a plaintiff ‘must prove the defendant received a benefit that in equity belongs to the plaintiff.’ ” Iowa Network Servs., Inc. v. Qwest Corp.,
Here, the court has already found that Plaintiffs fail to state any claim upon which relief may be granted — the Ordinance is not unconstitutional. While Defendants may have been enriched at the expense of some Plaintiffs, such enrichment was not unjust because the Ordinance is constitutional. Accordingly, the court shall grant the Motion to Dismiss to the extent it argues that Plaintiffs fail to state a claim for unjust enrichment.
E. Plaintiffs’ Remaining Claims
Plaintiffs seek declaratory relief from the court because:
The digital camera traffic law enforcement scheme described herein, on its face, violates the Iowa Constitution setting up the Judicial Department (Article V, sections 5 and 8), as well as Iowa Code section 602.6101, by providing a different process for prosecutions, and taking jurisdiction for traffic enforcement matters away from the Iowa District Court, the Unified Trial Court, which has “exclusive, general, and original jurisdiction of all actions,” including civil and criminal .matters such as traffic enforcement.
Second Amended Complaint ¶ 101.
Plaintiffs fail to state a claim for relief under Article V, section 5 of the Iowa Constitution because Article V, section 5 was repealed in 1962.
Plaintiffs fail to state a claim for relief under Article V, .section 8 of the Iowa Constitution, which provides: “The style of all- process shall be, ‘The State of Iowa’, and all prosecutions shall be conducted in the name and by the authority of the same.” Iowa Const. art. V, § 8. Section 8 does not “requir[e] the State to be a party to every petty prosecution under the police
Finally, Plaintiffs fail to state a claim for relief under Iowa Code § 602.6101, which provides:
A unified trial court is established. This court is the “Iowa District Court”. The district court has exclusive, general, and original jurisdiction of all actions, proceedings, and remedies, civil, criminal, probate, and juvenile, except in cases where exclusive or concurrent jurisdiction is conferred upon some other court, tribunal, or administrative body. ■ The district court has all the power usually possessed and exercised by trial courts of general jurisdiction, and is a court of record.
Iowa Code § 602.6101. Article III, section 38A of the Iowa Constitution provides that:
Municipal corporations are granted home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the general assembly.
Iowa Const. art. III, § 38A. “Under [Iowa’s] home-rule approach, except for taxing authority, municipalities ordinarily have the power to determine local affairs as they see fit unless the legislature has provided otherwise.” Madden v. City of Iowa City,
VIL CONCLUSION
In light of the foregoing, Defendants City of Cedar Rapids, Iowa and Gatso USA, Ine.’s “Motion to Dismiss Second Amended Complaint” (docket no. 19) is GRANTED. The Second Amended Complaint is DISMISSED. The Clerk of Court is DIRECTED to enter judgment in favor of Defendants.
IT IS SO ORDERED.
. Because Defendants contest whether the court has subject matter jurisdiction over some of the Plaintiffs’ claims, the court shall describe its exercise of supplemental jurisdiction more fully below.
. Even if Gary Hughes was not required to show both statutory standing and Article III standing, his claim would 'still fail because he cannot establish statutory standing, While Iowa Rule of Qivil Procedure. 1.1101 permits Iowa courts to adjudicate declaratory actions, "a justiciable controversy must exist” and Iowa courts “will not decide an abstract question simply because litigants desire a decision on a point of law or fact.” Bechtel v. City of Des Moines,
. -The court notes that despite the decision to dismiss Gary Hughes from the case, Gary Hughes could still obtain the declaratory relief he seeks. Because some of the parties in the case are able to establish Article III standing, the court will ultimately decide whether - the ATE system is constitutional. Such a decision provides Gary Hughes with the declaration he Seeks.
. The court notes that the ripeness inquiry is technically distinct from the traditional standing inquiry, though both standing and ripeness are components that determine whether a case is justiciable.
. In the Second Amended Complaint,' Plaintiffs also allege that the ATE system "violates the Iowa Constitution setting up the Judicial Department (Article V, sections 5 and 8) ... by providing a different process for prosecutions, and taking jurisdiction for traffic enforcement matters away from the Iowa District- Court, the Unified Trial Court, which has ‘exclusive, general, and original jurisdiction of all .actions,’ including civil and criminal matters such as traffic enforcement.” Second Amended Complaint ¶ 101. The court shall address this argument below.
. Article I, § 9 of the Iowa Constitution provides that ‘‘no person shall be,deprived of life, liberty, or property, without due process of law.” Iowa Const. art. I, § 9. This provision "mirrors the provisions of [the Fifth and Fourteenth Amendment to the] United States Constitution. Accordingly, [the Iowa Supreme Court] interprets] both the Iowa and federal Due Process Clauses in the same fashion, including approaching dué process questions under a rubric differentiating between ‘procedural’ and ‘substantive’ due process.” Master Builders of Iowa, Inc. v. Polk Cnty.,
. To the extent Plaintiffs argue that the ATE system implicates the second component of the right to travel — to be treated as a welcome visitor — the court shall address such argument in the Privileges and Immunities Clause section below. See Saenz,
. Iowa courts "apply the same' analysis in considering ... state equal protection claim[s] as [they] do in considering ... federal equal protection claim[s].” In re Morrow,
. Plaintiffs concede that "[t]he Iowa Supreme Court applies ... traditional equal protection analysis to its Privileges and Immunities Clause.” Resistance at 44 (citing Perkins v. Bd. of Supervisors,
. Defendants moved to dismiss all “claims made by- Plaintiffs. See Brief in Support of the Motion a£ 36. However, Defendants moved to dismiss Plaintiffs’ procedural due process cláims only on the issues of standing apd waiver. In light of the court's finding .that Krisanne M. Duhaime, Gerald Reid Du-haime, Susan M. Dumbaugh and Roger L. Lee may all bring cláims for a violation of their procedural due process rights, the court shall analyze whether such Plaintiffs have stated a claim for relief in the Second Amended Complaint.
. Article I § 9 of the Iowa Constitution provides that "no person shall be deprived of life, liberty, or property, without due process of law.” Iowa Const. Art. I, § 9. This provision "mirrors the provisions of [the Fifth and Fourteenth Amendment to the] United States Constitution. Accordingly, [the Iowa Supreme Court] interprets both the Iowa and federal Due Process Clauses in the same fashion, including approaching due process questions under a rubric differentiating between 'procedural’' and ‘substantive’ due process.” Master Builders of Iowa, Inc. v. Polk Cnty.,