TEMPE, AZ — A Tempe city councilmember is pushing to ban law enforcement's use of automated license plate readers — going further than the city's recent decision to end its contract with Flock Safety.
Councilmember Bobby Nichols is proposing an ordinance that would prohibit law enforcement from using the technology, citing residents' continued concerns about surveillance and data privacy.
"It's very American not to want to live in a police state with mass surveillance and constant warrantless watching of our movements, and our activities, and our locations," Nichols said.
Tempe ended its Flock contract last month amid misuse by other Valley agencies that had access to Tempe's data. However, Flock Safety has still not responded to the city's request to remove the cameras, which remain covered by bags across town.
Flock Safety did not respond to ABC15's request for comment, either.
Nichols' proposal includes limited exceptions for non-law-enforcement purposes — such as parking lots or garages — multi-agency investigations using other cities' data, and court-ordered searches. Private use, such as by businesses or HOAs, and Arizona State University would still be allowed. Standard license plate readers will not be impacted.
It would also require existing ALPR data to be destroyed, unless being kept as evidence in a criminal case or if the city is legally required to keep it, and establish consequences for city employees who violate the law--including possible termination.
"Ultimately, it is an issue of the business model that these private companies use to make money off of our movements, and locations and data," Nichols said.
The city is currently taking public feedback on the proposal, and the response has been significant. An online survey received more than 200 responses just 24 hours after the first public meeting, with a broad majority supporting the ban.
Opponents point to ALPRs' track record helping police solve crimes nationwide and argue Americans should not expect privacy in public spaces.
That debate collides with a separate vote before the city council Thursday night: leaders will decide on a contract to consolidate the Axon services Tempe already uses, including for its Real-Time Operations Center, after the item was pulled from last week's agenda.
The contract was initially on the Aug. 31 regular meeting agenda, but Mayor Corey Woods pulled it moments before beginning the meeting due to a "clerical error" that led to ALPRs being included in the contract language.
Tempe Police say the 5-year, $6.9 million contract would save more than $3 million, upgrade TASERs and add Axon Fleet 3 cameras for police vehicles — needed, the city says, for evidence when using grapplers during a chase. Those are not currently slated to add automated license plate reader capabilities.
But Nichols is not convinced that risk goes away.
"That will continue to be a risk, and Axon has been very clear that you can turn on that setting within 10 minutes of reaching out to an Axon administrator," Nichols said.
An online survey from which the city is gathering feedback on the ALPR ban proposal is open through Sept. 15.
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