Everett seeks SnoCo judgment that Flock footage is not public record

Published 11:14 am Wednesday, November 26, 2025

EVERETT — The city of Everett is seeking a judgment in Snohomish County Superior Court that Flock camera footage is not considered public record, court records show.

On Nov. 19, the City Council unanimously authorized the city to seek the judgment. The city filed the request Tuesday.

Flock Safety cameras are automated license plate readers that use artificial intelligence to analyze vehicle footage. Many law enforcement agencies across the country have implemented the technology as an investigative tool to help locate stolen vehicles and missing persons.

The city argues that Flock footage is only public record once an agency downloads the data, which happens when officers search for a vehicle in the Flock system.

On May 29, Jose Rodriguez submitted a public records request to the city of Everett requesting all Flock footage between 5-5:30 p.m. on May 5, according to court records.

In August, the city told Rodriguez that the footage was not considered public record because the city had not downloaded any images during the time period he requested. They added that if the images were public records, they were exempt because they contain intelligence information.

In response, Rodriguez told the city he intended to sue for $100 per day, per image.

The Public Records Act states that public records include information “prepared, owned, used, or retained” by an agency. One section of the law exempts certain intelligence information that could jeopardize the effectiveness of law enforcement or a person’s right to privacy if released.

“When used by properly trained law enforcement officers using the system within its restricted-use parameters, it can significantly aid in solving and even preventing crime, and in locating missing and endangered people,” the city’s complaint read. “But if the public could access the Flock Safety System by making Public Records Act requests, it would allow nefarious actors the ability to track private persons and undermine the effectiveness of the system.”

The filing comes after a Skagit County Superior Court judge ruled that Flock footage is subject to public records requests. The cities of Stanwood and Sedro-Woolley appealed the decision Friday.

The judge, Elizabeth Neidzwski, said an agency does not have to possess a record for it to be subject to the Public Records Act, and cities pay for, create and use Flock camera footage to “further a governmental purpose.”

But Everett argues that the data existing in Flock’s cloud system “does not reflect any decision considered or made by government, does not relate to a government employee doing their job or a regular function of government, and does not exist anywhere in the City’s files as a record.”

Further, the city pointed to the state’s law regarding red-light camera footage. While there are no state laws regarding Flock camera footage, state law does not allow red-light camera footage to be released to the public.

“Flock cameras are substantially similar to automated traffic safety cameras, but there is a vital distinction—automated traffic safety cameras only capture images and data during a traffic infraction,” the complaint read. “Flock cameras capture images and data about every single vehicle in its field of vision, regardless of if that vehicle is suspected to be involved in illegal activity.”

Rodriguez has requested Flock footage from several jurisdictions in Washington. He is also the defendant in the Skagit County case and has been involved in Flock-related litigation with Arlington, Lynnwood, Lakewood, Walla Walla, Centralia and Skamania County.

The Skagit County ruling has sparked statewide conversations about Flock cameras. The ruling followed reports of out-of-state agencies accessing Flock networks in Snohomish County for the purposes of immigration enforcement, which is a violation of state law.

Some cities, including Lynnwood, Lake Stevens and Mountlake Terrace, have since questioned their contracts with the automated license plate reader company.

The Everett case will now go to a Snohomish County judge. The court had not set a hearing date as of Wednesday.

Jenna Peterson: 425-339-3486; jenna.peterson@heraldnet.com; X: @jennarpetersonn.