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Tempe becomes first city in Arizona to ban license plate reader technology

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Tempe has become the first city in the state to ban automatic license plate reader technology, while still allowing police to use the technology in other jurisdictions if needed.

The Tempe Council voted 6-1, with Vice Mayor Arlene Chin dissenting, citing safety concerns.

Other council members voted in support, citing privacy concerns and national recognition of misuse and the Fourth Amendment of the Constitution.

“Tempe has the opportunity to lead not just the state, but the nation in banning automatic license plate readers,” said Councilmember Bobby Nichols, who spent nearly a year advocating for the change and speaking to the council as a private citizen before running for office. 

Nichols received plenty of feedback on the first draft of the ordinance, including concerns from Tempe Police Chief Ken McCoy, who said the police would not support any ban or prohibition of the technology.

Other people from the community agreed and shared their thoughts before the second hearing on the issue at the Oct. 15 council meeting.

“I think it’s important to have safeguards on all technology and I agree with much of what’s been written in the ordinance; however, I think the way it bans the wholesale use of technology seems a bit shortsighted,” Chin said.

Others from the community agreed with her.

“Hit-and-run offenders have been caught; stolen vehicles have been returned to their owners. Things can be used for the right purposes,” said Darlene Justus, a long-time Tempe resident.

Justus said she was concerned about technology being taken away that helped police find suspects.

Others said that this argument didn’t hold up.

Katelynn Contreras, a policy advocate for ACLU of Arizona, spoke to the council, encouraging them to vote in favor, citing that cities across the country have failed to keep residents safe even with the technology.

“Across the country and in Arizona, the data has been misused and abused by local police,” she said.

The city of Tempe has found no evidence of misuse in any of the Flock data; however, officers in Surprise and Chandler have been accused of wrongdoings, sparking outbursts statewide.

Tempe Mayor Corey Woods, who was skeptical of the ordinance at first, said he was in favor of it after the change in language involving police.

“Our department many times has to work with other entities and the new ordinance will allow them to do that without being impeded,” Woods said. 

Councilmember Doreen Garlid attended virtually and shared that even though she opposed the ordinance at first, she was happy to support after Nichols considered her suggestions at the Sept. 24 meeting.

“Councilmember Nichols heard those concerns and I have to give him kudos for not just wanting to listen to challenge but actually making the change,” she said. “I think we have an opportunity to do something different, and as technology changes, we can come back and create more safeguards.”

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