Wellfleet recently became the first town on Cape Cod to ban automatic license plate reader camera systems, such as Flock Safety.
Tyler Jager of the Provincetown Independent was there when it happened.
CAI's Gilda Geist spoke to Tyler recently to learn more.
Gilda Geist Can you start off, please, by reminding us what ALPR cameras are and how they work?
Tyler Jager Yeah, so ALPR stands for automatic license plate reader cameras. And these are different from, say, traffic enforcement cameras because they're often mounted on poles next to the highway and so on and capture anything, any car license plate, make and model that is in view of the camera, rather than being triggered by a specific action. And the company Flock Safety has the innovation to connect networks of these cameras and allow law enforcement bodies to search a database of them without needing a warrant to do so.
GG When did Wellfleet residents start voicing concerns about these cameras, and how did this issue end up at town meeting, especially considering the fact that there haven't actually been any ALPR cameras that we know of in Wellfleet?
TJ Yeah, so this was submitted to town meeting as a petitioned article from a resident, Constanza Leal, and it was submitted back in August. And that article is essentially exactly what was passed on October 26. It was to prohibit the town from installing the cameras or signing any contract with the camera company. At the time she said that it was roughly a year ago she'd become aware of the cameras and felt it was important to stop them before they arrived here. And then at town meeting, as she noted, there have been reported cameras in the Mid-Cape, like in Dennis and Barnstable.
GG How many people voted for and against this article?
TJ Yeah, so it was practically unanimous. I mean, there were 211 people at town meeting. I think the town moderator even announced it as unanimous or near unanimous. But I did note there were at least two hands in the back that were not for the article.
GG With the person that you mentioned who first filed this petition article, what were their main concerns? What were the reasons that they wanted to ban these cameras that seemed to resonate with so many Wellfleet town meeting voters?
TJ Constanza Leal named a number of concerns about privacy and sort of the warrantless surveillance that she felt that allowing these cameras to be used in the town would open up, saying that, regardless of who you are and even if you're not involved in any way with something that law enforcement are looking into, the cameras still capture where people go, how they live their lives, where did they stop, information about their vehicle. So, calling it an invasion of privacy on town meeting floor seemed really to resonate with voters.
GG How does the bylaw work now that it's been approved by town meeting? Is this something that could be replicated in other Cape towns?
TJ So, the bylaw applies to ALPR camera use by any town official or private citizen in Wellfleet without a warrant or court order allowing that use. So, it does not prevent the use by state or federal law enforcement agencies, like for instance the state police, if they were to put a camera on Route 6. But I did want to note that the select board of Provincetown has already also adopted a policy banning Provincetown from installing or using ALPR cameras. I think that the legal implications of those two policies might be borne out, but it is worth noting that was a slight difference from a town bylaw, and that's now going to go on the books for Wellfleet and was passed at town meeting versus a select board vote to adopt a policy.
