Class-action lawsuit on Hempstead Town school bus camera tickets can proceed, judge rules

A Nassau Supreme Court judge is allowing a class-action lawsuit over school bus camera tickets to advance against the Town of Hempstead, potentially opening the door for thousands of drivers to recoup refunds.

Justice Leonard D. Steinman on Tuesday granted three groups of drivers class status to try to seek reimbursement claims against the town and Nassau County’s Traffic and Parking Violations Agency stemming from alleged improperly issued tickets, which had fines starting at $250.

One of those groups is drivers who received tickets within school districts that never agreed to participate in the town’s school bus camera program. A 2025 Newsday investigation found tens of thousands of tickets were issued in those districts.

Steinman’s decision also granted eligibility to drivers who were ticketed for alleged violations that occurred on roads owned or maintained by Nassau County — including 1,900 on a single road — and those whose ticket lists a location that doesn’t match where the alleged violation occurred.

The classes cover tickets issued from Dec. 1, 2022, through the present.

Martin Bienstock, one of the lawyers representing the plaintiffs, said the decision is a "crucial step" toward holding Hempstead Town accountable.

"Despite our lawsuit, this illegal practice appears to be continuing to this day," added Joseph Aron, co-counsel for the class.

Newsday reported in June that Hempstead was still issuing tickets in the nonparticipating school districts, with roughly 36,000 coming in 2025 alone.

Aron said the tickets still being issued "provide no indication of whether the bus involved was operating for a school district that opted into the program, leaving motorists with no practical way to determine whether their tickets were lawfully issued or to challenge them on that basis in court."

Brian Devine, a spokesperson for Hempstead Town, said in an email the town doesn’t comment on ongoing litigation. A Nassau County spokesperson didn't respond to a request for comment.

Gary Rush, the superintendent for Hempstead schools — which never agreed to join the town's bus camera program — said he was pleased by the court's ruling, which "will provide thousands of Hempstead residents and others the opportunity to recoup refunds for these improperly issued tickets."

Complaint amended following Newsday report

Several Nassau County residents had filed the initial lawsuit claiming they were improperly ticketed in July 2024. The complaint was amended in January 2025 after Newsday’s story about the school districts.

Between December 2022 and September 2025, about 115,000 tickets were issued within school districts that weren’t participating in the program, according to the decision, potentially putting Hempstead Town on the hook for millions of dollars in reimbursements.

In the ruling, Steinman said the town hasn't denied tickets were issued within school districts that were not participating in the program and on county roads.

"Its own town attorney appears to have acknowledged this fact," the decision says.

After Newsday's January 2025 report, Hempstead Town Attorney John Maccarone wrote a letter to executives at the town's bus camera vendor, BusPatrol, calling the ticketing practice "troubling" and suggesting the program was "potentially overreaching its legal authority."

The town later said, however, that BusPatrol determined the tickets were valid.

While New York law forbids drivers from passing school buses that are picking up or dropping off students, a 2019 measure gave local governments the ability to install cameras on school buses and issue tickets to drivers who don’t follow the rule.

But that law also requires school districts to  opt into an agreement with local governments.

Hempstead Town and BusPatrol share ticket revenue, with the town receiving 55% and the remaining 45% going to the company. BusPatrol did not respond to a request for comment.

Cameras photographing drivers allegedly breaking traffic laws have been highly litigated on Long Island.

In August, Suffolk County agreed to pay a $45 million settlement to drivers for administrative fees that were tacked on to millions of red light camera tickets, repaying drivers $36 for each ticket. 

A lawsuit stemming from the $100 fee tacked onto red light camera tickets in Nassau County is still ongoing. 

Suffolk County and several Nassau towns and cities also contract with BusPatrol for its school bus camera ticket programs.