On The Front Lines
Rutherford Urges City Council to Safeguard Privacy, First Amendment Rights When Considering Surveillance Cameras on Downtown Mall
CHARLOTTESVILLE, Va. -- Responding to reports that the City of Charlottesville may revisit the idea of installing surveillance cameras on the Downtown Mall in an effort to attract visitors and boost business, John W. Whitehead, president of The Rutherford Institute, is urging the City Council to give serious consideration to the invasion of privacy that such cameras pose, as well as the threat to the constitutional rights of residents of the City of Charlottesville and Albemarle County. In a letter to Mayor Dave Norris (available here), Whitehead pointed out that the proposed cameras could actually serve to discourage visitors and depress business by dampening the free-spirited, vibrant atmosphere of the Mall, which is enlivened by an eclectic assortment of performance artists, activists, tourists and community members.
"While we are all concerned about discouraging and curtailing criminal activity in our community, we cannot allow possible profit motives and/or fear to dictate our actions, especially in a matter that will affect the freedoms of so many," said Whitehead. "If our reliance on cameras comes at the cost of personal privacy and American liberty, then we will have paid far too high a price indeed."
While cautioning the Charlottesville City Council against installing cameras on the Mall, Whitehead did state that should the need arise, The Rutherford Institute would make itself available to assist the City in drafting legal guidelines for the use and implementation of surveillance cameras in order to minimize the detrimental effects of the cameras and ensure that the constitutional rights of its residents are preserved. Whitehead also provided city officials with a detailed memorandum and guidelines to consider while evaluating the efficacy of implementing a surveillance system. The Institute's guidelines (available here) point out that under current technology, "any expectation of privacy in a public place evaporates" where an unrestrained surveillance camera system is in place. Specifically, the guidelines call on the City Council to:
- Ensure that all major decisions concerning the need for or implementation of surveillance cameras are made through an open and publicly accountable process;
- Determine whether surveillance cameras will reasonably further a clearly articulated law enforcement objective;
- Assess the impact of surveillance cameras on constitutional rights, specifically on residents' rights to freely express themselves and congregate in a public place;
- Design the scope and capabilities of a public surveillance system to minimize its negative impact on constitutional rights and values;
- Create safeguards to reduce the potential for misuse and abuse of the surveillance system; and
- Provide appropriate remedies for those harmed by misuse or abuse of surveillance systems.
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