In 8-3 Vote, New Bedford Approves Ban on Flock and Other ALPR Technology

NEW BEDFORD (WBSM) — New Bedford is on the verge of having an outright ban on Automated License Plate Readers and Mass Location-Tracking Technologies on the books.

Council Passes Veto-Proof Ban in 8-3 Vote

The New Bedford City Council passed the ban ordinance 8-3 on Thursday night, with Councilors at Large Naomi Carney and Brian Gomes and Ward 3 Councilor Shawn Oliver the three councilors who voted against it.

The ordinance, drafted by Councilor at Large Shane Burgo, now heads to Mayor Jon Mitchell’s desk for him to sign it into law. If he vetoes it instead, the 8-3 vote Thursday night indicates that the council would have the necessary super majority to override that veto.

“Our responsibility is not simply to adopt new technology because it is available, but to ask whether its use is appropriate, necessary, and consistent with the rights of the people we serve,” Burgo said. “I remain committed to ensuring that New Bedford’s policies reflect those principles.”

“My hope is that the Mitchell administration signs this ordinance into law. Doing so would demonstrate good faith in its stated interest in developing meaningful safeguards and regulations for surveillance technology,” he said.

Scope of the Ban: What Tech Is Included?

The ordinance prohibits “City departments and other municipal entities from acquiring, purchasing, leasing, licensing, renewing, expanding, deploying, operating, or materially modifying automated license plate readers and mass location-tracking technologies,” according to a release. “It would also prohibit municipal entities from entering into or continuing contracts, subscriptions, licenses, and other agreements that provide for the acquisition, operation, maintenance, expansion, or use of these systems.”

The ordinance also states that City funds “cannot be used for purposes inconsistent with the ordinance.”

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The ordinance was amended from its original version to better define what would be banned and what would not be; notably, it will not apply to ordinary security cameras, body-worn cameras, in-car video, traffic-management systems, and other technologies that do not allow for the consistent tracking of people or vehicles.

“These distinctions are intended to focus the ordinance on technologies capable of creating comprehensive records of people’s movements, rather than broadly restricting the everyday tools the City relies on to operate,” according to the release.

Burgo said the ordinance is not designed to keep Flock and other technologies permanently out of the hands of police, but rather to ensure they are being used properly and with respect to people’s privacy. The issue was highlighted earlier in the day Thursday when Mayor Mitchell fired two police officers accused of misusing Flock technologies for personal use.

READ MORE: New Bedford Mayor Fires Police Officers Who Misused Flock Cameras

“While this ordinance takes a stronger position by prohibiting municipal use of these systems, it establishes a clear policy direction and ensures that the City cannot move forward with these technologies without first addressing the serious questions surrounding their use,” Burgo said.

Balancing Public Safety and Civil Liberties

Burgo has vowed to work in the council’s Committee on Ordinances, which he currently chairs, to continue working on a more comprehensive set of guidelines for the use of ALPRs and other technologies that will replace the existing ordinance and allow police to use them once again.

“This debate has never been about opposing public safety. It is about recognizing that public safety and individual privacy are not mutually exclusive,” Burgo said. “We can support our police officers, invest in effective crime prevention, and protect our neighborhoods while also acknowledging that technologies capable of tracking our movements require careful consideration and firm limits.”