Tempe could become the first city in the state to ban automated license plate readers, following a tumultuous month during which cities across metro Phoenix announced police officers had potentially misused the cameras.
The first draft of the proposed local law would prevent current and future councils or city departments to acquire, operate or fund automated license plate readers for law enforcement. It would also protect against cameras on any city-owned property.
"We're moving a little bit quicker with this, but it's definitely an urgent issue," said Tempe Councilmember Bobby Nichols, who, during his run for council earlier this year, campaigned on removing automated license plate readers from the city. He has swiftly spearheaded efforts to ban
the technology.
Tempe began using automated license plate readers in 2022.
The ordinance, though, includes a carveout for "business purposes unrelated to law enforcement," such as a system that only scans license plates in a parking lot or garage and does not collect personally identifying information.
City employees, including police officers, who violate the ordinance could be fired or face civil or criminal penalties.
But even if the City Council approves the ordinance in October, that doesn't mean automated license plate readers in Tempe would go away.
The ordinance wouldn't apply to private property like Arizona State University, which still has cameras despite Tempe removing all 33 of its readers. Flock Safety, the most widely used automated license plate reader vendor, also supplies cameras to homeowners' associations nationwide.
Tempe would also continue the use of license plate readers, like red light and speed cameras, which do not have AI capabilities and only record the license plate information.
In a publicly available survey by Tempe, the vast majority of respondents were supportive of the ban on automated license plate readers, citing issues like privacy, AI and control over the data.
The ordinance will be proposed to the City Council Sept. 24 and is up for a final vote on Oct. 15.
Tempe residents can comment on the proposed ordinance: https://communityfeedback.opengov.com/portals/tempeaz/Issue_15099
Tempe ban could inspire other cities, state
Almost every city in the Valley used Flock Safety's automated license plate readers, but in August after multiple cities announced police officers had potentially misused the system, a handful of cities quickly cancelled their contracts.
Tempe leaders have repeatedly said that Tempe police officers did not misuse the Flock system and that cancelling the Flock contract was a precaution and an active response to community concerns.
The city turned off its Flock cameras in August, but the company has yet to pick up its property, Nichols said. The cameras have bags placed on them.
But in most cities, city councils have taken no further action despite a wave of critics calling for bans of ‒ or at the very least guardrails on ‒ the technology.
Banning automated license plate readers has not been publicly proposed before in Arizona. Queen Creek became the first municipality to penalize misusing the Flock system but did not axe its contract with the controversial company.
"We are able to control what we do here in Tempe," Nichols said. "We can try and set a good example, and I believe that's what we would be doing" with the ban.
Nationally, outlawing the cameras is gaining steam among leaders across the political spectrum.
In Florida, the state department of transportation barred use of automated license plate readers on state highways, and Texas Gov. Greg Abbott, a Republican, blocked state agencies from using public money to fund Flock cameras.
Arizona Gov. Katie Hobbs, a Democrat, and state lawmakers have not yet proposed a strict ban on automated license plate readers. Efforts to curtail the technology at the state level were stalled in the Legislature this year.
Arizona Attorney General Kris Mayes, also a Democrat, recently launched an investigation into automated license plate readers statewide, saying that "issues of constitutional rights and privacy are too great to be decided in isolation at the local level."
Hobbs, who is up for re-election in November, does not seem to have the same perspective, and whether she would approve a statewide ban on automated license plate readers is unclear.
In a recent interview, Hobbs said decisions about the technology should largely remain with local communities, while Republican gubernatorial candidate Andy Biggs said a statewide approach was better, saying he would likely sign a bill banning the cameras if voters choose him in November.
Lauren De Young covers transportation and the cities of Tempe and Chandler for The Arizona Republic. Reach her at ldeyoung@azcentral.com.
Like this story? Get more East Valley news straight into your email inbox by signing up for our free weekly East Valley Newsletter, which comes out on Wednesdays.
This article originally appeared on Arizona Republic: Tempe aims to be first AZ city to ban automated license plate readers
