A Wichita resident's lawsuit challenging the city's network of Flock license plate reader cameras is headed to trial in Sedgwick County District Court, according to the Derby Informer.

Mason Grimmett filed the suit in July with the support of the Kansas Justice Institute. He argues the city's automated license plate reader, or ALPR, cameras violate Section 15 of the Kansas Constitution, which protects against unreasonable searches and seizures.

The case marks a constitutional challenge to Wichita’s Flock camera program, which has drawn opposition from privacy advocates, a petition drive in Haysville and a wave of camera vandalism across the metro area.

What the lawsuit alleges

Grimmett's suit claims the cameras allow law enforcement to track residents' movements and conduct broad searches without reasonable suspicion or judicial approval, according to KSN. The plaintiff says he is "trapped" in the "indiscriminate and warrantless dragnet surveillance of anyone, and everyone, driving in the City of Wichita."

The Wichita Police Department has about 195 Flock cameras in use, according to KSN's reporting. The information collected is shared with more than 100 law enforcement agencies.

Sam MacRoberts, an attorney with the Kansas Justice Institute representing Grimmett, told KWCH in September that the goal is to require warrants. "What we are trying to do is make sure that the government needs a warrant, that it gets judicial authorization before it figures out where a person has gone, or when," MacRoberts said.

The city's position

The City of Wichita sought to have the lawsuit dismissed, arguing in court documents that Grimmett failed to state a claim for which relief can be granted. The city contended that the plaintiff did not claim his information was improperly used or released, KWCH reported.

The city also argued its ALPR system is not a "trespassory search" in violation of the Kansas Bill of Rights, according to KWCH. The city has argued that license plates are openly visible on public roads and that drivers do not have a reasonable expectation of privacy in information exposed to public view, according to Wichita Life.

When KSN asked the city about the lawsuit in July, a spokesperson said: "We cannot comment on any potential or pending litigation."

Broader pushback

The lawsuit is one piece of a wider backlash against the cameras. In Haysville, Ward 1 Councilmember Eric Myers led a petition drive seeking 242 signatures to put a Flock camera ban on the ballot, Fox Kansas reported. The Haysville City Council voted 4-2 against putting the issue to a public vote, according to The Sedgwick County Times-News.

Vandals have also targeted the cameras over the Sept. 26–27 weekend, according to the Wichita Eagle. Wichita police spokesperson Andrew Ford warned that destroying the cameras could result in felony charges, KWCH reported.

The Wichita City Council included the ALPR program on its Oct. 27 workshop agenda, according to city records.

Anyone with information about camera vandalism can contact the Wichita Police Department at 316-268-4407.