Durango’s Mass Surveillance Ordinance postponed following protest

Introduction of a draft ordinance regulating mass surveillance technology in Durango, Colorado was postponed following questions from the public about its inability to require officers to obtain a warrant for using Automated License Plate Readers (ALPR) to track the mosaic of people’s movements around the city.

Durango City Council postponed Ordinance o-2026-XX at the regular City Council meeting on 9/15/2026 when the item came up on the agenda for possible introduction and discussion.

The ordinance was written by City Attorney Mark Morgan, according to Deflock Durango Organizer Ben Peters. However, the police department and the public who participated in the process also provided feedback that was not included in the draft language, Peters said. Peters said that he attended their meetings with the hopes of convincing Morgan to include a warrant requirement in the Ordinance to regulate access to ALPR data that local cops have historically and allegedly enjoyed unfettered access to.

Oversight and accountability mechanisms provided by draft Ordinance

Audits required in the draft language of the mass surveillance technology Ordinance would presumably be used to track who accesses data, enforce legal restrictions, and catch unauthorized or abusive use by operators.

“Agencies shall conduct internal audits annually and independent audits every three years to assess compliance with this Ordinance, approved policies, and data security standards. Findings and corrective actions shall be provided to the PCLO, City Council and, to the extent permissible, made public,” the draft Ordinance says.

Of concern to critics of the Ordinance is how a Privacy and Civil Liberties Officer (PCLO) would be used to oversee alleged misuse of the technology under the guise of oversight and accountability.

In reality, the City Attorney and Police Chief had envisioned this Privacy and Civil Liberties Officer as nothing more than a POST-Certified Peace Officer appointed from the Professional Standards Division of the police department, Peters said.

In other words, a huge conflict of interest was being planned where cops would once again be investigating themselves following accusations of misconduct during the use of any mass surveillance technology.

Ever heard the phrase, “we investigated ourselves, and found no wrongdoing”? Well that came from the long tradition of police departments around the country having Professional Standards Divisions made up of fellow “peace” officers who basically exonerate their friends that they eat lunch with every day under the guise of objectivity.

For instance, in Durango, Police Sergeant Zane Hallock does exactly what most Internal Affairs Divisions do in most departments around the country. Specifically, Hallock helps the police department investigate itself following citizen complaints.

To read the tabled draft of the City Attorney’s drafted ordinance, click here:

Durango’s Mass Surveillance Ordinance to be discussed Tuesday, November 17

City Councilor Kip Koso asked for a public hearing on the possibility of requiring officers to obtain a warrant for accessing ALPR data. Koso hoped for someone with more expertise on the warrant requirement and ALPRs to present some information about it.

“I don’t know what a Cellular Site Simulator is,” said City Councilor Kip Koso. “I don’t know what the Privacy and Civil Liberties Officer is and who oversees them and how that operates. There’s a ton of questions on this, and I’m very nervous kicking this six months down. We cover so much other stuff, and I’ll forget everything.”

After suspending the rules to discuss the Ordinance, City Council voted to postpone the introduction of the Ordinance until Tuesday, November 17, 2026.

Police Department to switch mass surveillance vendors in 2027

Durango Police Department Chief Brice Current.

Durango Police Department’s Chief Brice Current announced recently that the department would not be renewing its contract with Flock Safety starting in the year 2027. Instead, the Police department will use a similar draconian technology sold by Axon. Durango currently uses Axon’s body camera technology.

The decision to axe the Flock Safety contract followed public outcry about the possible 4th Amendment violations that were carried out by police departments around the country whose officers were using Flock’s ALPR technology for dubious reasons. Some of the reported cases of misuse involved male officers stocking women who were not suspected of criminal activity, people being erroneously arrested in felony traffic stops with guns drawn, and concerns about federal agencies accessing the data for the purposes of tracking immigrants without work visas.

Another protest against Flock Safety and mass surveillance

This Friday, September 25th from 5:00 to 7:00 p.m., people in Durango, Colorado will be assembling to protest the mass surveillance.

People will meet at Animas City Park at the north end of Durango on the Animas River Trail behind City Market to exercise 1st Amendment rights. Signs and comradery will be available.