KALAMAZOO, Mich. — The City Commission meeting on Monday night, June 5, ended at 1 o’clock on Tuesday morning after a number of people voiced their concerns about the proposed surveillance camera system that Kalamazoo Public Safety hopes to adopt.
“I along with a growing number of concerned citizens are deeply troubled by the mass surveillance system proposed today as items 7 and 8, and I thank Commissioner [Chris] Praedel from moving those from the Consent Agenda to the Regular Agenda,” said a man who did not state his name at the meeting. “The mass surveillance proposal to the City Commission is purposely vague giving no hard details on the proposed surveillance areas or usage.”
FOX 17 did not attend the meeting Monday night but watched the recording of it the following day.
A number of people spoke about their opposition to the system, which was called a ‘real-time crime center,’ and questioned the organization behind the proposed surveillance system, the Peregrine Company.
“This is not a mass surveillance system” ~ Kalamazoo Police Chief Boysen on proposed surveillance system, where they can access the cameras on the Mall.
— Lauren Edwards (@LaurenEdwardsTV) June 6, 2023
Residents say they feel differently.
An atty with Levine & Levine in Kzoo says it’ll violate the 4th amendment. // @FOX17 pic.twitter.com/OgphwRK4s0
“I’m here tonight for the City Commission to vote NO on G7,” said a resident named Amanda. “After reviewing the letter from the Peregrine Company that was attached to that report I have some grave concerns, particularly about the Peregrine Foundation. It doesn’t matter to me that the name has been changed in tonight’s agenda as the letter explicitly states that the funding would be provided by the Peregrine Foundation.”
Amanda said that she searched the “IRS tax exemption organization” database and the Secretary of State database and could not find the Peregrine Foundation listed.
According to the grant document posted on the City of Kalamazoo’s website, it states that on May 15, 2023, the commission “approved a motion accepting $100,000 from the Peregrine Foundation to support the implementation of a Downtown Camera Security System.”
FOX 17 reached out to Peregrine and is waiting to hear back.
Criminal defense attorney Anastase Markou of Levine and Levine, which is based in Kalamazoo, said he understands people’s questions and concerns.
“My initial thoughts were that the police, if they have access to 24-7 monitoring through both public and private surveillance systems that it could very well constitute a violation of people’s constitutional rights,” he said during an interview with Fox 17 on Tuesday afternoon. “And that’s my immediate thought is that it was a potential violation of the 4th Amendment.”
The 4th Amendment prohibits unreasonable search and seizure, he said.
Markou said most cameras on and around the Kalamazoo Mall are operating 24/7. However, if the system is adopted, it'll lead to additional questions like accessibility, who at KDPS will monitor the feeds, and will it be recorded for others to review later.
“If people know they’re constantly being monitored there’s always a possibility that they might not commit a crime. But, that’s not the point,” Markou said. “The point is they should never be constantly monitored because people have a right to make choices and sometimes those choices end up being criminal. But people have a right to make choices about constantly being under the supervision, control, and monitoring of government.”
KDPS Chief David Boysen addressed people’s concerns during Monday’s meeting and spoke about the department's intention for requesting the system.
“This is not a mass surveillance system,” he said within the first minute of speaking at the podium. “This allows us to leverage existing cameras as we respond to crimes in progress. So, again it’s just using, making more efficient use of the surveillance cameras that are already out there in the public and private sector. It’s a way for us to integrate that.”
Boysen said they’d be working with Fusus Inc. under a three-year contract. It’ll be a public and private partnership with the community, utilizing camera technology to solve crimes.
“Right now, it’s very inefficient how we do it,” Chief Boysen said. “If let’s say for example we have a purse snatching downtown, we have to go door to door and have an officer or a detective ask a business if they have surveillance footage of a crime that occurred. And they can voluntarily give us that information. Usually, they do.”
However, one of the challenges they face, he said, is the officer who knows how to use the system isn’t available. So, it’ll take police longer to access the video, and longer to solve crimes.
FOX 17 reached out to the city and the chief for comments, and are waiting to hear back.
During the meeting, city commissioners ‘voted to postpone consideration' of an approval of the contract with Fusus Inc. until Tuesday, June 20.
Markou said he believes the path forward is for citizens to oppose it and let city commissioners know that it’s not wanted in the city of Kalamazoo.
“It’s a badly thought-out process,” Markou said. “There are so many issues with it that are going to come about and it potentially puts the police in the position of being sued under a variety of different circumstances.”
***UPDATE: Peregrine stated in an email to Fox 17 on Wednesday morning that the grant came from the Hall Foundation Downtown Initiative Fund, held by the Kalamazoo County Foundation, and not the Peregrine Foundation as stated on the city's website.***
