- Residents claim Boulder’s camera network illegally tracks drivers without probable cause.
- Lawsuit seeks damages and an order stopping warrantless use of the system.
- Flock Safety says similar constitutional challenges have repeatedly failed in court.
Automatic license plate readers are all over the USA. Some cities have hundreds, and effectively track every single person driving in or out of the area. Boulder, Colorado, has considerably fewer, less than 50 in total, but residents say that’s far too many to begin with. Now, two are suing the police chief over what they’re calling a violation of state law.
The lawsuit, filed in Boulder County District Court, accuses Boulder Police Chief Stephen Redfearn of creating a system of warrantless mass surveillance through the deployment of 31 Flock Safety cameras across the city. Plaintiffs William Freeman and Gwen Steel argue the technology continuously tracks the movements of thousands of drivers without probable cause, judicial oversight, or meaningful privacy protections.
Cameras That Map Daily Life
According to the complaint, first highlighted by Denver 7, the cameras collect images and location data that are stored in a searchable database accessible to law enforcement. The plaintiffs claim that it creates what they describe as a “dragnet” capable of revealing where people work, worship, seek medical care, attend school, or participate in political activities.
Read: Why More Cities Are Suddenly Pulling The Plug On Flock Safety Cameras
The suit also names Boulder Police Records Specialist Dawn VanAckeren as a defendant. Freeman alleges that after requesting records related to his own vehicle through Colorado’s public records process, he was denied access to the data collected about him. The plaintiffs are seeking unspecified monetary damages and a court order that would prevent Boulder from continuing to use automated license plate readers without a warrant. That’s key because we’re not talking about federal laws or constitutional standards in this case.
Civil rights attorney Andy McNulty, who represents the plaintiffs, argues that Colorado’s constitution provides stronger privacy protections than those recognized in some other states. The complaint contends that no court has established probable cause to justify monitoring every vehicle traveling on Boulder’s roads around the clock.
Police officials have defended the technology in the past, arguing that the cameras help reduce crime and recover stolen vehicles. During a January town hall meeting, Redfearn said the public-safety benefits outweigh the risk of misuse and noted that Boulder does not share the data with federal immigration authorities.
Flock Points To Its Courtroom Record
Flock Safety also pushed back against the lawsuit. The company said courts around the country have repeatedly considered and rejected similar constitutional challenges, maintaining that fixed license plate reader systems have consistently been upheld as lawful. In some cases, suits have made all the images they take public information, and police departments have turned the cameras off in response. Flock added that agencies control their own data and determine access, retention, and sharing policies.
The case has been assigned to Judge Michael Kotlarczyk. For now, Boulder officials say they are reviewing the allegations and will respond through the court process.
