The American Civil Liberties Union asked a Pierce County Superior Court judge Thursday to penalize the city of Tacoma nearly $220,000 following a court ruling last month that the city violated the state’s Public Records Act by withholding public documents tied to its Police Department’s controversial cell site simulator, also known as a Stingray device, that critics say allows innocent people to be swept up in secretive surveillance used to find criminals.
The Stingray device mimics an actual cell tower so nearby cellphones connect to it and share information, including cellphones of people that are not under investigation.
"The city did not intentionally withhold anything,” said Tacoma’s attorney Margaret Elofson. She argued before a judge that the city should pay less than $10,000 for the public records violations during the hearing in Pierce County Superior Court.
The ACLU said the $220,000 includes attorney fees and has also asked the judge to make the city of Tacoma go back and look for additional public documents related to the cell site simulator.
"There's also concerns of improper use," said attorney Lisa Nowlin with the ACLU of Washington.
Tacoma's attorney argued the city has turned over all releasable public documents.
"We're not going to require searches beyond what's reasonably accepted," said Elofson. "How this equipment works is privileged."
The ACLU sued Tacoma on behalf of several local men, including Whitney Brady, who wanted to know more about the device and how it was being used in the community.
“Privacy is important,” said Brady. “They just aren't forthcoming about it."
Brady fears the Tacoma Police Department may be using other surveillance devices that haven’t been made public.
Several years ago, when the Stingray device's existence was first confirmed, Tacoma police told KIRO 7 that the technology does not collect "content such as voice, text or data" and doesn't "retain any data."
A state law enacted in 2015, following the disclosure of the device's use, requires police to get a warrant and let judges know when using such devices.
The city’s attorney declined to speak with KIRO 7 after Thursday’s hearing. She argued in court that our cameras should not be allowed to record the hearing but the judge disagreed.
The city of Tacoma confirmed Thursday that its police department still has the device after we asked if it's still in use, but said police are not making any comments on the cell site simulator's use.
"A lot that we don't know…that TPD doesn't want us to know," Nowlin said. "I think they're also intentionally not creating a paper trail."
The judge is expected to decide how much Tacoma should pay for violating the state’s Public Records Act in June.
More news from KIRO 7
- Woman says her Amazon device recorded private conversation, sent it out to random contact
- Identity of mystery man 'Kenny' revealed
- South Sound 5th-grader takes his own life, parents urged to talk to kids about suicide
- Scientists discover opioids in some Puget Sound mussels
- Police: Driver sees 'black object' in air on I-5, finds gun stuck in front of his car
Cox Media Group
