ACLU Opposes Use of Surveillance Cameras Operated by Tampa Police, Government Letter addressed to Tampa City Council.
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December 5, 2012 Tampa City Council 306 East Jackson Street Tampa, Florida 33602 Re.: Downtown Tampa Closed Circuit Television Cameras Dear City Council Members: At the City Council Meeting held on October 4, 2012, the American Civil Liberties Union of Florida voiced its objection to the retention of video surveillance cameras that were installed in downtown areas of Tampa in anticipation of the Republican National Convention (RNC) at the end of August, 2012. The Closed Circuit Television (CCTV) system was intended to be used to surveil the downtown areas of Tampa during the limited time period of the RNC. However, following the conclusion of the RNC, the Mayor indicated that the cameras would be retained by the City. They have been in continuous use since. In letters addressed to the City Council, on September 19, and October 3, 2012, the ACLU expressed its opposition to the cameras as being intrusive upon the private lives of the citizens of the City of Tampa and being used for around-the-clock surveillance of ordinary people as they go about their lawful everyday business. Article I, § 23 of the Florida Constitution states that, “Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein.” The ACLU reiterates its position that the ongoing use of this warrantless surveillance is an unauthorized and improper intrusion upon the private lives of innocent and non-consenting people, including minors. At the October meeting, Council members expressed their concerns about the protection of the civil liberties and constitutional rights of Tampa’s citizens and instructed the City Council Attorney and the City Attorney's Office to jointly draft a proposed ordinance regulating the use of the cameras. The result is the proposed "Window peeping" ordinance, presented as Agenda Item #52 for the December 6, 2012, meeting. It is the ACLU of Florida's position that this proposed ordinance does not in fact achieve the protections envisioned by the City Council. Instead, the City Council should legislatively set the city’s policy to broadly prohibit the use of CCTV. The City Council should use this clear power to legislate as given in the City Charter, § 2.01. Once passed into law, the mayor must comply. § 4.01
Through this letter, the ACLU of Florida requests that the City Council, via its legislative power, enact an ordinance ensuring the protection of the civil liberties and constitutional rights of Tampa’s citizens and discontinuing the use of the subject closed circuit television camera system, in its entirety.
___________________________________ Yvette Acosta MacMillan Staff Attorney, Mid Florida Regional Office American Civil Liberties Union of Florida PO BOX 25477 Tampa FL 33622-5477