Hi neighbors,
Yesterday I wrote about Stanwood shutting off its Flock cameras and heading to court. Today, let’s dig into what those lawsuits actually reveal and why they matter here.
In Skagit County, Stanwood and Sedro-Woolley are arguing:
“Requiring public agencies to generate a new search in the Flock cloud system for the sole purpose of accessing and downloading data requested under the PRA [Public Records Act]…would require the agency to create new public records not in existence at the time of the request.”
In other words, they claim Flock footage isn’t really the city’s record until it’s downloaded.
But Flock’s own contract and privacy policy say the opposite:
“As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer.”
“Customer Data is owned by the Customer and only shared as directed by the Customer.”
That means cities do own the data. Which means it’s a public record under Washington law. Which means Stanwood’s argument doesn’t hold water.
This contradiction shows something deeper: Flock is pushing all the legal risk onto cities. If a lawsuit comes, it’s the city that’s on the hook for violating public records law. Meanwhile, Flock keeps the ability to share data on its own terms under Section 5.3 of the contract, without the city’s approval.
“Flock puts the risk on cities, absolves itself of responsibility, and then fights communities that push back.”
And if you think walking away is simple, look at Evanston, Illinois. After finding that Flock unlawfully made its data available to federal agencies, the city tried to cancel its contract. Instead of honoring that decision, Flock went to court to stop them. Read the article here »
What kind of company sues a city for trying to protect its residents? It’s not the behavior of a partner — it’s the behavior of a vendor desperate to lock in market share, even if it means dragging its customers into court.
The pattern is clear:
Mountlake Terrace doesn’t need to wait to learn the hard way. Flock puts the risk on cities, absolves itself of responsibility, and then fights communities that push back. That’s not a company we should be doing business with.
And while lawsuits highlight the legal and financial risks, our residents continue to show up at Council meetings to share what’s at stake for our community. Here’s one comment from last night, by resident Jillian:
I just wanted to come on here tonight to talk briefly about community safety. I’ve been a resident of this town for 10 years, and I really love living here. I feel like it’s a safe place with a strong sense of community.
I love seeing the same people on my walks every day. Recently, I’ve really loved seeing people share their bumper crops in cardboard boxes on the sidewalk—just free fruit, free plums.
We’re just minutes from a big city, but Mountlake Terrace feels like a small town where people look out for each other. It’s really nice. But when I learned the city was considering signing a contract with Flock, at first I was confused. Why would a low-crime city like ours need a surveillance system? And why would we use a company that has links to ICE, in a time when human beings are being monitored, stalked, and torn from their homes and families illegally by a government that acts above the law?
The more I thought about it, I started to get kind of mad—because I learned that many citizens are against this contract, and the council approved it anyway. It’s been a really frustrating and disappointing time for a lot of us in this town.
A system like Flock does nothing to build community in a time when this country desperately needs compassion, unity, and community. A dystopian surveillance system only serves to create division, fear, and paranoia.
So really, tonight the only reason why I’m coming on here is to thank the councilmembers who have chosen to vote against it. That’s Erin Murray, Steve Woodard, and now William Paige. To William Paige specifically—thank you for having the wisdom and courage to take in new information and change your vote based on facts. That's what real leadership is, and it's a rare quality. I hope and expect the rest of the council to follow suit. It's what a community like ours deserves.
Thanks for reading,
Dustin