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County judges dismiss train citations in central Wisconsin

By: Associated Press//July 10, 2015//

County judges dismiss train citations in central Wisconsin

By: Associated Press//July 10, 2015//

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Commuters pass under a Canadian Pacific Railway freight train at South First and West Oregon streets on Thursday in Milwaukee. Residents have expressed concerns about hazardous materials being hauled on the bridge despite a report from Canadian Pacific Railway saying the bridge is sound. (Staff photo by Kevin Harnack)
Commuters pass under a Canadian Pacific Railway freight train at South First and West Oregon streets on Thursday in Milwaukee. Some law enforcement officials in Portage and Wood counties are frustrated with court rulings that they believe will allow railroad trains to block road crossings for extended periods of time without repercussions. (Staff photo by Kevin Harnack)

STEVENS POINT, Wis. (AP) — Law enforcement officials in central Wisconsin are frustrated with court rulings that they believe will allow railroad trains to block road crossings for extended periods of time without repercussions.

Two judges in Portage and Wood counties recently dismissed dozens of citations written by deputies to the Canadian National Railroad, Stevens Point Journal Media reported.

Late last month, a Portage County judge dismissed 29 citations written over the past two years, siding with the railway company’s argument that federal law prevents local governments from interfering with interstate railroad movement. Because the judge ruled that local authorities cannot regulate trains, the Portage County Sheriff’s Department will no longer issue the citations.

In a similar ruling Wednesday, a Wood County judge dismissed 32 citations issued to Canadian National trains accused of blocking intersections in Auburndale.

“We are basically back to square one,” said Portage County Chief Deputy Dan Kontos. “We do not have a tool to prevent the railroad from blocking the crossings.”

In 2014, the Portage County Sheriff’s Department fielded 205 complaints and issued 25 citations for trains blocking roads. As of July 7, it had received 154 complaints and issued 35 citations.

Each citation came with a fine of $181.60, Kontos said.

“I know there were citations that the railroad paid because it was more of an inconvenience to fight them,” he said.

But the railway company eventually decided to fight the citations, and because of the judge’s ruling in favor of Canadian National, other citations that were still pending won’t be prosecuted, according to Kontos.

“In law enforcement, we’re in the business of solving problems,” he said. “This is one problem we can’t solve.”

The sheriff’s office will continue to record complaints, but it won’t take any action on trains blocking crossings, a press release states.

“It’s frustrating for the folks who live out there (in rural Portage County),” Kontos said. “It hurts the businesses that are affected. It inconveniences motorists and it certainly has interfered with emergency responders.”

Canadian National spokesman Patrick Waldron said in a statement that the railroad “remains sensitive to the concerns of the communities through which we operate and we continue to work to minimize the number of blocked crossings throughout Wisconsin.”

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