Court Rejects Lawsuit Over False Alarm Ordinance

SANDY SPRINGS, GA — A U.S. District Court for the Northern District of Georgia on Wednesday dismissed a lawsuit filed by alarm companies challenging the city of Sandy Springs' false alarm ordinance.

The court rejected the suit filed by the Georgia Electronic Life Safety & Systems Association and the Security Industry Alarm Coalition alleging the city's ordinance was unconstitutional.

"The court opinion found substantive due process and legitimate governmental reasons for the ordinance and a rational basis for the city to believe the law furthers a legitimate purpose," Sandy Springs said Thursday.

Stan Martin, executive director with Security Industry Alarm Coalition, said his organization is "disappointed with the court's decision not to hear evidence in the case, as we were confident we would have prevailed."

"Currently we're reviewing our options which includes an appeal to the appellate court," Martin added. "It does not change the fact they have an ordinance in place that can put citizens at risk if they choose not to respond. That should be a concern to everyone."

GELSSA and the companies contend the suit violated their rights by fining them for the false alarms reported to ChatComm 911 dispatchers. Their lawsuit argued that the alarm companies are in no position to supervise or control the actions of their customers. The companies contend they have been subjected to "tens of thousands of dollars in civil penalties" due to the actions of their end users. They also say they have not been given any opportunity to be heard before receiving a false alarm notice and subsequent fine.

With the judge's 31-page ruling in hand, City Attorney Dan Lee said the city is also "discussing whether to seek sanctions due to the unprofessional and derogatory language of the original complaint and attorney’s fees."

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Sandy Springs has said it's trying to resolve a "public safety crisis" created by the industry. It notes that nearly 18 percent of all calls coming into the 911 center come from alarm companies, of which, 99 percent are false alarms.

"I’m gratified that the federal court agrees that the enormous volume of false alarm calls generated by alarm companies is a serious public safety concern, and that the city’s response to that drain on taxpayer resources is appropriate," Mayor Rusty Paul added.

The city revised its ordinance in September 2017 because the model ordinance recommended by the alarm association and implemented in 2013 did nothing to help reduce the number of false alarms calls coming into the 911 center, the city added. In 2017, there were 9,802 calls to the 911 center by alarm companies, and 99 percent of those were false alarms.

The Sandy Springs City Council in June approved additional changes to the ordinance, which would require companies to provide true verification through audio, visual or in-person confirmation for intrusion alarms before calling 911. This new requirement goes into June 19, 2019.

Patch has reached out to GELSSA and the companies for comment on the court's ruling, and we are waiting to hear back from those representatives.

RELATED:

• False Alarm Calls Remain Steady In Sandy Springs
• Companies Sue Sandy Springs Over False Alarm Ordinance
• Sandy Springs Ends Response To Alarm Companies
• False Alarm Ordinance Gets Another Revision
• Sandy Springs Revises False Alarm Ordinance Again
• 5 Alarm Companies Remain On Sandy Springs No-Response List

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