BOULDER, Colo. — A first-of-its-kind lawsuit in Colorado accuses the Boulder Police Department of illegal mass surveillance through Flock Safety cameras.
The class-action suit alleges Chief Stephen Redfearn deployed 31 license plate reader (LPR) cameras across the city with no privacy safeguards in place.
▶️ WATCH: Denver7's Claire Lavezorrio speaks with one of the Boulder residents behind the suit and the civil rights lawyer taking up the case
It also claims the cameras illegally surveil people without a warrant or probable cause — a violation of Colorado's constitution.
Plaintiff Will Freeman runs deflock.org, a website that maps LPR cameras across the country. He is one of two Boulder residents behind the suit.
"I don't think most people know the full extent of what these cameras can do," Freeman said.
Freeman told Denver7 that through an open records request, he asked for the data collected on his own vehicle. Those requests, he says, were ultimately denied.
"The biggest concern is the data they collect," Freeman said.
The suit claims the technology creates a "detailed mosaic of every person's daily life — where they go, when they go there, and how often." It also alleges there are no "meaningful safeguards" in place.
"It's a dragnet surveillance that you can't opt out of, like you can with your phone," Freeman said.
Civil rights lawyer Andy McNulty is taking up the case.
"We're hoping to set a precedent here in Colorado that this is unconstitutional, and that cities should stop using these Flock cameras and other cameras that track people's movements and interfere with their privacy rights," McNulty said.
The Boulder Police Department says the cameras are instrumental in reducing crime. According to a page dedicated to Flock cameras on the city's website, Boulder has experienced a nearly 34.5% reduction in car thefts. The department also maintains that all searches within Flock are logged and require the approval of a supervisor.
In response to the lawsuit, Flock Safety said in part the complaint is something "that courts across the country have considered — and rejected — dozens of times now."
Read Flock's full statement below:
"The complaint against officials with the City of Boulder raises questions about automated license plate readers that courts across the country have considered – and rejected – dozens of times now. Fixed LPR technology has consistently been upheld as constitutional.
Flock takes privacy, legal compliance, transparency, and data security extremely seriously. Customer agencies own and control their data and set their own policies for access, retention, and sharing in accordance with applicable law. Flock is committed to helping communities use technology responsibly and with appropriate safeguards, as LPRs are a critical tool for helping law enforcement investigate serious crimes, recover stolen vehicles, locate missing people, and protect communities.
Because this matter involves pending litigation concerning one of our customers, we will not comment further on the specifics of the case at this time."
— Paris Lewbel, Flock Public Relations Manager - Public Sector
But McNulty says Colorado's constitution offers broader protections than other states — protections that this lawsuit looks to uphold.
"Now the people are taking the power into their own hands and saying, we don't like this," McNulty said.
Denver7 reached out to Boulder PD for comment. In a statement, a city spokesperson said, in part, "The city can confirm that we are aware of the lawsuit and our attorneys are evaluating the claims that are being made."
Read City of Boulder's full response below:
“The city can confirm that we are aware of the lawsuit and our attorneys are evaluating the claims that are being made. As this is now litigation, we will make our arguments and share our perspective through official court filings and any hearings on this matter.”
— Sarah Huntley, City of Boulder spokesperson
Full complaint:
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
