Challenging City Decisions

This week Judge David Allen of the Wayne County 3rd Circuit Court gave a mixed decision on the Shotspotter lawsuit against the expansion of the gunshot technology in Detroit. The lawsuit argued that the City Council did not have the authority to approve a $7 million expansion and a $1.5 million extension of existing contracts because the city had not fulfilled its responsibilities under the Community Input over Government Surveillance Ordinance (CIOGSO) during the approval process.

"This lawsuit was filed by community members who are concerned with real safety in our communities and government accountability,"  said Eric Williams.

"The Civilian Input Over Government Surveillance Ordinance was passed to ensure that the public could participate in an informed decision about the use of public funds on surveillance technology. Yes, it’s about the money and the failure of the city to follow the law. But it’s also about where tax dollars can go to create real public safety, the kind that produces safe housing, quality education and support for those dealing with mental, emotional or substance abuse issues."

During the trial, the city responded with what Judge Allen called “chilling” arguments.

The city showed disdain for efforts to hold them accountable. Corporation Counsel Charles Raimi said, “Even if there had been complete disregard for the ordinance, City Council had the ability to approve the procurement. The reason is that they are the decision-maker on procurements.” Essentially, he argued the city does not have to follow the law, it can decide what laws to follow and what laws to break.

Judge Allen rejected this argument and made a strong statement in support of citizen actions to hold government accountable. Noting that the City’s position was the sort that means “democracy dies behind closed doors,” the judge applauded and encouraged citizen participation. He said, “Thank you for your vigilance on encroachment. You have a legitimate and direct interest in holding government accountable for rules promulgated on behalf of the people.”

Judge Allen denounced the City’s position saying, “The legislative and executive branches do not have authority in deciding if they are following their own rules.”

Further, the judge agreed that the sound detection devices were a form of technological surveillance. He thanked the challengers for educating him about the possible dimensions and abuses of this form of technological intrusion into neighborhoods.

Finally, he ruled that the city had fulfilled the Ordinance because it issued a report on September 19, exactly 14 days prior to the final Council vote. He also concluded that while the report could have been more specific, it was sufficient to comply with reporting requirements. Thus, he denied the request to void the Shotspotter contracts.

The Detroit Justice Center, Sugar Law and the ACLU disagree and were disappointed in the ruling. Ramis Wadood of the ACLU said, “It wasn’t our preferred outcome, I think the lawsuit served as an important tool to help us keep ShotSpotter in the public conversation and remind the city that we’re going to fight these kinds of power grabs.

Nancy Parker of the Detroit Justice Center said that the Judge was “very strong and adamant about the rights of members to hold city officials accountable through the civic engagement process of bringing lawsuits.  He unequivocally found that our plaintiffs have legal standing to bring this suit against the City. This is a big win for the people as it puts to bed the City’s ridiculous position that Detroiters have no recourse and bring lawsuits for the city failing to do what it is legally required to do.

This is an important victory for those of us committed to governmental transparency and accountability. The city, in misguided claims of fighting crime, will continue to use our tax dollars to expand a technological web of surveillance and control. We have an obligation to resist these efforts as we create safe and joyful communities.


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