The San Diego Police Department’s use of surveillance technology is at the center of a new lawsuit filed against the city.
The suit, which was filed this week, stems from accusations the agency tried to sidestep the law when it installed license plate readers and smart streetlights during Comic-Con and Pride. A San Diego municipal ordinance requires a city council vote prior to the installation of the LPRs and smart streetlights at any new locations — or uses of that technology that wasn't previously approved.
The complaint, which was filed Monday in San Diego Superior Court on behalf of city residents Lilly Irani, Seth Hall and Mat Wahlstrom, alleges that the department failed to receive proper approval from the San Diego City Council prior to installing the technology.
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San Diego police chief Scott Wahl announced before the cameras were turned on that he was citing "exigent circumstances" to better protect the public, a clause in the ordinance that would allow the tech to be deployed without council approval.
The lawsuit claims, however, that the department didn't provide enough proof of the exigent circumstances.
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The events began before this summer's San Diego Pride Parade and Pride Festival, when San Diego police announced the installation of additional smart streetlight cameras with automated license plate recognition technology at various Hillcrest locations as a safety measure amid a rise in hate crimes.
Privacy advocates railed against the plan, saying the police department was invoking the "exigent circumstances" section of the TRUST ordinance in order to avoid the standard approval process. In a statement, the advocate groups said the police "lack justification to claim that this recurring event is an emergency that justifies an unauthorized expansion of surveillance streetlights."
The use of smart streetlights in San Diego has sparked debate after what was initially billed as a traffic management tool was later publicly revealed to involve camera technology utilized by police. The camera network was shut down amid the ensuing uproar, but was revived last year with city council approval.
SDPD began deploying cameras to 500 locations last December, though infrastructure issues such as power problems or objects blocking the camera view prevented installations at 42 locations, according to police.
Earlier this year, Mayor Todd Gloria's office issued a public statement that claimed smart streetlights and license plate readers were instrumental in solving more than 200 criminal cases this year, including a widely publicized case in which a man allegedly attempted to kidnap two children from a Mission Valley mall.
"The results speak for themselves," Gloria said. "Smart streetlights and ALPR technology have proven to be essential tools for our police officers, helping to quickly identify suspects and solve crimes."
NBC 7 has reached out to the city attorney’s office for comment, but was told that officials were unable to comment on pending litigation. SDPD was also contacted for this story but it has not yet replied to the request for comment.
All parties are due in court on May 23 for a case-management conference.
