Facts

On October 14, 2021, Cesar Lagleva Jr., Lisa Bennett and Tara Evans filed suit against Marin County Sheriff Robert Doyle, and the County of Marin for violating Senate Bill 34 and 54. SB 34, codified in California Civil Code Sections 1798.90.5 et seq. restricts California law enforcement agencies from sharing, transferring, or generally making available, automated license plate reader (ALPR) information to entities that are not California public agencies, such as federal and out-of-state government agencies. ALPR cameras automatically record the locations of cars and visible drivers using cameras mounted on patrol cars, light posts or other types of infrastructures. These cameras can scan and record time-stamped locations automatically. As for SB 54, also known as the California Values Act, generally ensures that state and local resources cannot be used to assist federal immigration enforcement.

PLAINTIFFS' CONTENTIONS: Plaintiffs, Lagleva and others, alleged that since at least 2014, defendants have shared and transferred sensitive information of not only its residents but also those who have traveled through its boundaries, with federal, state and local agencies, in contravention of SB 34 and 54. Government agents use the information obtained from ALPR cameras to track individual's movements, habits and associations. When counties and municipalities like Marin County share and transfer this information to federal immigration agencies, it is used to track, detain and deport immigrants. SB 54 also limits California law enforcement agencies from sharing a "hot list" with U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection. A "hot list" logs license plate numbers associated with vehicles of interest. Consequently, it forbids California law enforcement agencies from investigating or stopping vehicles based only on the agency's detection of a license plate. Plaintiffs further maintained that this practice misappropriates and wastes taxpayer funds. They sought to restrain and prevent the illegal expenditure of county funds and compel defendants to comply with state law by stopping the sharing and transferring of ALPR information with not only other federal entities, states but also those who they know would provide that information to those restricted entities.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions, noting that if it accepts a hot list shared by another entity, no ALPR information corresponding to license plates that are on the hot list will be share automatically unless it has also accepted that entity as a sharing partner.

Result

Defendants agreed to the following: that it would only share ALPR data in compliance with SB 34; it would not share hot lists with immigration officials or entities; and would implement and enforce Policy 426, which would provide guidance for the use of ALPR technology within the department that would help to ensure compliance with applicable laws. Moreover, defendants agreed to pay the ACLU Foundation of Northern California $49,000 for attorneys' fees and expenses incurred because of the lawsuit.