Tempe weighs first-of-its-kind ALPR camera ban

Tempe weighs first-of-its-kind ALPR camera ban

Tempe is considering a ban on most city uses of automated license plate reader (ALPR) cameras like those made by Flock Safety, though police and several city councilmembers have concerns.

Why it matters: If passed, the ALPR ban is thought to be the first of its kind at the municipal level in the U.S., according to the ACLU of Arizona, and could pave the way for similar restrictions in other locales.

Catch up quick: There's been widespread backlash against ALPR cameras — particularly those made by Flock.

  • The systems capture and store information about people's comings and goings, which critics say violates the Fourth Amendment's protections against illegal search and seizure.
  • Tempe and other Valley cities have canceled their Flock contracts in recent months, and there have been instances of misuse of the system at other local police agencies.

    • What they're saying: "I can't think of a single founding father who would have been OK with Flock Safety or ALPRs," Councilmember Bobby Nichols, who is pushing the ban, tells Axios. "This is exactly the sort of wide dragnet of surveillance that they would have had a significant issue with."

  • Nichols cites FBI data that shows Atlanta, which has more than 5,000 Flock cameras, saw a negligible impact on case closure rates after installing ALPRs.

    • What's inside: The proposed ordinance would ban the city from owning or using any ALPR system or data for law enforcement purposes, with exceptions for such non-police uses as parking garage enforcement.

  • The use of ALPR data obtained via a warrant would not be prohibited.

    • Driving the news: The Tempe City Council held its first hearing on the proposed ban on Thursday.

  • 26 people supported the ban during public comment, using words like "dystopian" and "creepy" to describe ALPRs.
  • The head of the Tempe police union was one of two people to speak against the ban.

    • Friction point: Tempe Mayor Corey Woods and councilmembers Doreen Garlid and Nikki Amberg expressed concern about changes — made to the ordinance since it was first circulated a month ago — that could restrict Tempe police's participation in multi-jurisdictional task forces.

  • Nichols said the current version would not hamper such coordination, nor would it prevent police from accessing private ALPR data with a warrant.

    • The other side: Tempe police chief Kenneth McCoy tells Axios he opposes the ban, noting that the department strengthened its guardrails and found no ALPR misuse before the city shut off its cameras last month.

  • "I am going to use every lawful tool that's available to me," McCoy says. "And right now, ALPR is a tool that's available that is lawful."
  • Yes, but: McCoy did not have pre- and post-ALPR case closure data requested by Nichols, though McCoy said the department would track it down.

    • Between the lines: The proposed ban appeared to have the support of Councilmember Brooke St. George, leaving Nichols to win over two others on the seven-member council.

  • Securing those votes may be tricky for Nichols after other councilmembers voiced alarm at how quickly and how much the draft ordinance had changed.

    • What's next: Nichols says there will likely be more "non-substantive" changes to the text of the ordinance, which is scheduled for a vote on Oct. 15.