GELSSA Files Against Sandy Springs


The Georgia Electronic Life Safety & Systems Association (GELSSA), A-Com Security Co. LLP and Safecom Security Solutions Inc. alarm companies, recently filed a notice of appeal in their federal lawsuit against the City of Sandy Springs, Georgia, challenging the constitutionality of an ordinance that imposes fines on alarm companies for false alarms caused by alarm users. SIAC provides the daily management of the legal effort for Sandy Springs.
In the district court, GELSSA and the alarm companies  argued that this civil fine scheme was not rationally related to a legitimate government interest—and therefore unconstitutional—because alarm companies do not have any sort of “master-servant” or “principal-agent” relationship with alarm users and are not in a position to supervise, direct or control the actions of their customers.

gelssa
In December, the district court dismissed the lawsuit, effectively finding that it was constitutional to hold alarm companies vicariously liable for the acts or omissions of their alarm users.
“We are obviously disappointed in the ruling, especially because there is significant federal precedent that supports our clients’ position, and that is why we’re appealing the decision to the Eleventh Circuit Court of Appeals,” said Brad Carver, a lawyer with the Atlanta firm of Hall Booth Smith who is representing the alarm companies.
“One of our principal arguments is the alarm industry can’t control the behavior of the end users, and the overwhelming majority of false alarms are caused by the end user. By imposing fines on alarm companies, the City is concerned with revenue generation rather than actually addressing the cause of the problem or the persons actually in a position to control it. Beyond constitutional concerns, this act of government over-reach will make it cost-prohibitive for alarm companies to conduct business in this community and provide security services to the City’s residents.”
Since the ordinance became effective, alarm companies have been subjected to tens of thousands of dollars in civil penalties for the actions of alarm users who have caused “false alarms” as determined by the City and billed by Cry Wolf Services, the city’s third-party alarm administrator.
“We can’t allow this type of ordinance to become the industry norm,” said Scott Hightower, GELSSA President. “Passing customer fines on to alarm companies cannot be an option on the table when discussing alarm management.”

About justwrite15

Dave's column has run in multiple small town newspapers across the U.S., in Nebraska, Illinois, Pennsylvania and Texas,where Dave has been able to entice personal friends and editors to run his social commentary. His column has also been picked up by www.coastalmonroe.com. It has appeared in newspapers since 1998, and began in response to one of the school shootings so depressingly familiar in America. His commentary has morphed into a weekly offering of humor, insights and advice on how to find sanity in an insane world.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s