Use of License Plate Readers Faces Legal Challenge

Over the last week to 10 days there has been a considerable amount of airtime and ink devoted to a recent lawsuit filed by a Washington, D.C.- based law firm. The issue involves the use of Automated License Plate Readers (ALPR) on Marco Island’s two entrances and exits.

In 2020, the Marco Island City Council approved the purchase of the ALPRs for the local agency. Early in the spring of 2021, they were installed in the vicinity of the Judge Jolley Bridge and the Stan Gober Bridge on the Goodland side of the island. After receipt of the cameras, their installation and development of appropriate usage and storage of data protocols, the ALPRs were activated.

During the budget discussions, Police Chief Tracy Frazzano explained that the ALPR technology isn’t new. For at least three decades, it has been in active use in law enforcement in the United States and around the world. As technology has advanced, the cost of this tool has been reduced dramatically, making it available to even smaller agencies around the nation.

Marco Island may be a perfect location for the use of ALPRs since its only access for motor vehicles consists of two bridges spanning the Marco River. 

Prior to purchasing the ALPRs, the Marco Island Police Department utilized a vehicle mounted unit, when that vehicle was in service. In contrast, the bridge mounted units record all vehicle licenses, 24/7. They also give an accurate count of the amount of traffic coming across both bridges for transportation planning usage. 

In numerous cases across the nation, the utilization of the reader system has been upheld, most recently in Cape Coral.

The cameras do not take photographs of the individuals driving, instead the readers identify license plate numbers and search local and national databases to determine if the vehicle has been identified as being involved in a crime. In addition to identifying a wanted vehicle, ALPRs also can identify if a vehicle is unregistered or is lacking in the legally required insurance coverage. According to statistics released in 2021, approximately 20% of vehicles driven in Florida are being driven by uninsured motorists.

The City of Marco Island has followed the guidelines for the maintenance of records, as prescribed by the State of Florida. All records are kept secure and are exempt from public records requests by law, as are any identify of the individuals.

The city’s use of the ALPRs and the storage protocols which were put in place in the spring of 2021 are being challenged. On February 7, 2022, a lawsuit was filed in the U.S. District Court for the Middle District of Florida against the City of Marco Island and the Chief of Police in her official capacity. The lawsuit was filed by an attorney with the New Civil Liberties Alliance in Washington, D.C., on behalf of three Marco Island residents. Violations of the Fourth Amendment of the U.S. Constitution and the Florida Constitution Article I, Sections 12 and 23 are alleged in the complaint. 

The City of Marco Island cannot comment on ongoing legal matters.

Coastal Breeze News will be following the details of this issue and will continue reporting as more information becomes available.