Metro Council Defers Action Again On License Plate Readers

By Dulce Torres Guzman, Tennessee Lookout

September 8, 2021

Although widely used nationwide, license plate readers (LPRs) haven’t been approved in Nashville beyond neighborhood associations seeking to deter crime in their own private property, and were again deferred at Tuesday’s Metro Nashville Council meeting.

An ordinance introduced by Councilmember Joy Styles in 2020 was withdrawn, after being amended and deferred several times. An alternate ordinance, proposed by Councilmember Dave Rosenberg, was deferred for four meetings to allow time for community comment and to refine the language.

Rosenberg’s ordinance is considered less restrictive than Styles’, permitting LPRs for narrow use, including emissions enforcement and to track parking violations and car thefts.

Styles introduced her ordinance in part as a way to deter drag racing activities that have become a problem in Nashville in recent years. Since the technology is capable of capturing thousands of license plate images each minute, in theory, LPRs could aid law enforcement solve an assortment of crimes, from Amber Alerts to finding stolen vehicles. Despite the benefits, Styles faced heavy criticism from numerous organizations and withdrew the legislation.

Councilmember Courtney Johnston reintroduced legislation pushing LPRs with funding from SaferNashville, which has offered to raise money to cover the costs of camera technology. Councilmembers Johnston and Robert Nash — along with District Attorney Glenn Funk and Assistant District Attorney Jennifer Charles. Johnston and Nash serve on SaferNashville’s board.

Criticism arose mainly from communities of color and civil liberties organizations, who have argued that LPR’s ability to conduct massive data gathering and surveillance do more harm than good to communities with an already unsteady trust in law enforcement. In a letter written in April by the American Muslim Advisory Council, API Middle TN, Conexion Americas, Tennessee Immigrant and Refugee Rights Coalition and Worker’s Dignity, among others, urged council members to vote against Johnston’s bill.

Because LPRs rely on third party companies, information gathered could easily be used by federal and state agencies with little public scrutiny, such as Immigration and Customs Enforcement, the groups argued. In 2019, reports revealed that the Davidson County probation office had shared personal information with ICE agents.

Since then, Johnston has made amendments to specify uses for LPRs, including only using the technology to prosecute criminal offenses and to exclude its use from lesser criminal activities, such as determining whether a motorist has a valid driver’s license or to repossess the vehicle.

In opposition, councilmember Rosenberg introduced legislation asking for the bill to be deferred until there’s more community input. If the bill were to pass as is, law enforcement could bypass warrants for investigating any alleged crimes, including political protests, “ and that’s just a very imbalanced way of approaching public safety,” said Rosenberg.

Rosenberg is also pushing to have LPRs only temporarily affixed to poles and to include “kill switches” in case state legislatures attempt to override the city. He cited legislation passed by Gov. Bill Lee to impose harsher penalties on protestors including losing the right to vote.

Johnston amended the legislation to require scanners to be equitably distributed through the north, south, east and west sections of the city, but any preemptive measures taken by state officials can easily bypass preventative measures taken by city officials.

“Once we open this door, it’s hard to shut. We’re heading down that path,” said Councilmember Sandra Sepulveda, who’s sponsoring the opposing bill.

Communities of color have voiced the loudest opposition to LPRs. Reports found Nashville traffic stops disproportionately targeted people of color but did not reduce crime rates, causing Chief John Drake to phase out routine traffic stops.

“Our sense is that if we have to have it, we have to put safeguards in so its not abused,” said Sabina Mohyuddin, director of the American Muslim Advisory Council.

Increasing crime rates have caused other communities to support LPRs in their neighborhoods and have raised funds to increase surveillance and deter criminal activity. Neighborhoods such as Haynes Park have been cited as a community of color in favor of Johnston’s legislation.
Both sides agreed to deferred both legislations until Metro Nashville Committee's next meeting, until Rosenberg can fine tune the legislation with community engagement.

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