TEMPE, AZ — The Tempe City Council approved a ban on automated license plate readers (ALPRs) Thursday night.
In a 6-1 vote, the council passed a law to prohibit the city and law enforcement from purchasing, using, and accessing ALPR systems and data except in limited circumstances. The ordinance makes Tempe the first Arizona city to enact such a ban.
In August, Tempe canceled its contract with ALPR vendor Flock Safety and disabled the cameras citywide.
Vice Mayor Arlene Chin, the lone dissenting vote, called the ban "shortsighted," instead suggesting guardrails to prevent and respond to misuse.
"We created technology; we can adjust technology," Chin said. "We can make rules about how to use technology to help us."
Councilmembers Doreen Garlid, Nikki Amberg and Randy Keating said they had concerns about an earlier version of the ordinance, which imposed stricter limits on exceptions for police use of ALPR data. However, they said revisions made before the final vote addressed those concerns and allowed them to support the ban.
Several residents spoke during the proposal's public hearing. Nathan Taylortaft, co-director of East Valley Unite, supported the ban and noted broad public favor from residents who have expressed concerns over privacy and the potential for misuse.
"Your constituents could not be more clear," Taylortaft said. "We cannot give up our essential civil liberties for the convenience of police officers."
One resident speaking against the ban suggested Tempe could instead lead other communities in establishing rigid guardrails to prevent misuse.
"I believe Flock cameras keep us safer. I think Tempe has shown that they use them responsibly," another resident said. City officials have previously stated that audits have found no misuse of Flock systems in Tempe.
Councilmember Bobby Nichols introduced the ordinance in September, citing residents' concerns over ALPRs, although he noted that audits found no evidence of Flock camera misuse by Tempe police officers.
"Ultimately, it is an issue of the business model that these private companies use to make money off of our movements, locations and data," Nichols previously told ABC15 during an interview discussing the proposal.
In an interview the morning after the vote, Nichols pointed to FBI data from Atlanta that found no higher case clearance rates to correlate with the thousands of ALPRs in the area.
"We want to make sure that our officers are using the best possible methods available to them, and having this technology has not actually proven to be beneficial for solving crimes," Nichols said.
Police Chief Ken McCoy strongly opposed the ban during the proposal's first public hearing on September 24.
"The Tempe Police Department does not support that ban, and cannot support this ordinance as written," McCoy said. "Since we decommissioned this technology, there have been crimes we have not been able to solve."
The ordinance includes exceptions that allow Tempe to receive and use ALPR data in certain circumstances. The city could obtain license plate reader information through a search warrant, subpoena, or court order and could receive ALPR data from courts, criminal defendants, members of the public, private companies, or other government agencies in connection with a specific investigation, provided city officials did not request or direct the original search.
Officers participating in regional task forces or multi-agency investigations could also review ALPR data lawfully obtained by another agency if Tempe did not request or direct the underlying query.
The measure does not prevent city departments from using ALPR technology for non-law-enforcement functions such as parking management, as long as residents' location and personal information are not shared with private parties or added to searchable databases.
The ordinance requires existing ALPR data to be destroyed unless it is being retained as evidence in a criminal case or the city is otherwise legally required to keep it. The ordinance also establishes consequences for city employees who violate the law, including possible termination.
With this ordinance, Nichols said he sees Tempe as a leader for other cities considering ALPR restrictions.
"I absolutely think that this ordinance is going to set the tone for other cities across the country," Nichols said. "This, as far as I'm aware, is the first ban in the nation that affects both stationary and mobile ALPRs."
