Screenshot of Tuesday’s Eureka Council meeting.

###

Despite public concerns about increased police surveillance, the Eureka City Council on Tuesday unanimously approved the Eureka Police Department’s request to research the use of drone technology to assist the department during critical incidents. 

Speaking at last night’s meeting, EPD Chief Brian Stephens emphasized that the proposal is “just to begin research” to get a better idea of what kind of drone technology is out there and how much it might cost. Once the research is complete, EPD will develop a drone-use policy that will be reviewed by the city council, the Community Oversight on Police Practices (COPP) board and the city’s independent police auditor.

“The benefits of this [drone technology] for the EPD are significant,” Stephens said. “They offer rapid deployment capabilities and increased effectiveness across a wide range of emergency and investigative responses.  … For the Eureka Police Department to meet the expectations of our community, we need to be equipped with the tools and technology that allow us to respond effectively, share critical information and keep both our officers and residents safe. When we fail to invest in technology, we’re not just limiting innovation — we’re limiting safety.”

EPD has borrowed drones from other local law enforcement agencies over the years during “exigent circumstances,” including an incident that had occurred earlier that day involving a missing 10-year-old.

Stephens | Screenshot

“We have prior experience with this particular individual, who was found near the water before,” Stephens explained, noting that the report came in about an hour after the child was last seen. “We contacted the sheriff’s department because we knew we needed to clear a large portion of the trail system. Utilizing a drone, we were able to fly everything north of the Samoa Bridge, all the way out to Brainard and clear that property without having to send officers out there to do it on foot.”

It turned out the kid wasn’t out on the trail at all, Stephens said. A community member contacted police after spotting the 10-year-old walking somewhere in town. “We were able to find him in short order and got him back to his mom safely,” he said. “So that’s just an example [from] today of how [drones can be], as we say, a force multiplier.”

EPD has also used other agencies’ drones during standoff situations with barricaded suspects and to assist in negotiations during mental health crises involving potentially armed individuals or people who are threatening to hurt themselves. A little over a year ago, the department used a drone to communicate directly with a distraught person who was threatening to jump off the Eureka water tower

Councilmember Leslie Castellano asked if EPD had encountered challenges in borrowing drones from other agencies. Stephens said HCSO and others have been “very receptive” and “very considerate in their ability to help,” but noted that it isn’t sustainable to rely on other agencies.

“Their pilots and their equipment oftentimes are spread throughout the county,” he said. “The real constraints we have [is] just the turnaround from when we make the request and [when] we can get the equipment on scene and start utilizing it for what the purpose of the mission is. That’s where we really have the potential to run into issues.”

Councilmember G. Mario Fernandez, who attended the meeting via Zoom, asked what the research process would entail. Stephens said staff would probably ask other local agencies what kind of drone technology they’re using and look into potential cross-training. 

“In addition to that, after we get that settled, then we would know that we have a price point that we’d have to meet to get the equipment and assets that we need to run a program,” Stephens continued. “Then we look at the funding options for that, and then we would start creating the policy which … would probably come from the company we use, but we’d also lean on our independent police auditor, because they already have agencies that they are working with that have policies in place.”

Responding to a follow-up question about the estimated timeframe for research, Stephens emphasized that he doesn’t want to rush the process.

“I would hate to try to even put a timeline on it because that would rush information that we’re trying to obtain,” he said. “I don’t want to rush this process because when I bring back something for both review by the COPP board and then, hopefully, to council, I want to make sure it’s a tight package of information that I know will be able to answer the questions and concerns that both council and the community have.”

It turns out, the public had many concerns.

The vast majority of the two dozen residents who spoke during the public comment portion of the discussion urged the council to vote against the proposal out of concern that it would increase citywide surveillance and inevitably lead to misuse. A few skeptical speakers expressed interest in researching the use of drones, and only two people explicitly stated that they were in favor of the proposal.

“As an adult on the autism spectrum, if I was having a crisis and I needed mental health support, I don’t like the idea of being approached by a drone, but I would prefer it over being approached by an armed officer,” said one speaker who chose not to identify themselves. “I would like to ask you to vote ‘yes’ to allow research.”

Eureka resident Kylie Finch acknowledged that drones can be used in productive ways, reiterating a couple of examples provided by Stephens earlier in the meeting. However, Finch emphasized that the technology can be abused, pointing to the New York City Police Department’s use of drones to spy on backyard Labor Day parties and a case in her hometown where a disgruntled police chief allegedly used a drone to stalk his ex-girlfriend.

Finch | Screenshot

“I realize this is a request to do further research, but … it seems the reason for this request is not [out of] necessity as much as convenience,” Finch said. “Convenience invites misuse. … The ultimate safeguard against misuse is to instead borrow these devices from the county when we need them in exigent circumstances [and] only for routine policing purposes. This system isn’t broken, but this proposal suggests a great way to break it.”

Another speaker, who did not identify themselves, worried about the potential for drone footage to be leaked or accessed by other agencies. They pointed to previous reporting by the Outpost’s Ryan Burns, which found that HCSO had violated its own policy in allowing outside law enforcement agencies to access information collected by the county’s automated license plate reading cameras, supplied by Atlanta-based police technology company Flock Safety.

The speaker claimed that the American Civil Liberties Union (ACLU) has “come out in opposition to these rapidly expanding police drone programs,” but that’s not entirely true. The ACLU states on its website that “drones equipped with facial recognition software, infrared technology, and speakers capable of monitoring personal conversations would cause unprecedented invasions of our privacy rights.” However, the ACLU also acknowledges that “drones have many beneficial uses, including in search-and-rescue missions, scientific research [and] mapping.” 

Some speakers worried that they could be deployed at public events, like Eureka’s Friday Night Market or the Kinetic Grand Championship. Others felt the city should use the resources that would be spent on drone research to address “the root causes of mental health crises, such as poverty and lack of access to health care, mental health services, secure housing and livable wages.”

After public comment, Councilmember Bauer made a motion to approve the proposal for the sake of discussion. The motion was seconded by Councilmember Kati Moulton.

Councilmember Castellano acknowledged the community’s concerns around the issue, but felt the “Pandora’s Box” of police surveillance “has already been opened.” With that in mind, Castellano said the city has an opportunity to create a “forward-thinking” policy that is informed by community input.”

Castellano | Screenshot

“Overuse [of this technology] does exist, and there’s nothing now that would keep that from happening in Humboldt County or in the City of Eureka,” she said, noting that the Federal Aviation Administration oversees domestic drone practices. “The City of Eureka, having its own policy and system, would allow, I think, greater accountability [for] data collection. That being said, I think that there should be strict limits. … Drones do have a chilling effect on democracy and the experience of freedom, and … I value the sanctity of freedom and … I don’t want the use of drones to, as citizens spoke [earlier], limit or hinder that.”

The rest of the council agreed that drones could be used in nefarious ways, but felt there should be more research into the topic before it makes a determination on whether or not EPD should have drones in its arsenal.

After a bit of additional discussion, the council approved EPD’s request in a 5-0 vote.

Resolution Opposing Military Involvement in Venezuela

During the non-agenda public comment period, the council heard from about a dozen anti-war activists who urged the council to pass a resolution condemning the U.S. invasion of Venezuela and recent airstrikes on alleged drug boats. A resolution was placed on the council’s Dec. 16 agenda, but the meeting was canceled at the last minute due to a lack of quorum.

The proposed resolution — linked here — urges the federal government to “pursue diplomatic, humanitarian, and multilateral strategies to address political and economic challenges in Venezuela” and underscores the city’s opposition to “any United States military intervention or escalation of hostilities in Venezuela that is not explicitly authorized by Congress in accordance with the U.S. Constitution and the War Powers Resolution.” 

At last night’s meeting, the anti-war activists urged the council to agendize and approve the resolution as soon as possible. At least one of the speakers called on the council to adopt a resolution written by the Humboldt Anti-War Committee — linked here — which condemns “all types of aggression” against Venezuela, including recent airstrikes, “the seizure of Venezuelan oil facilities [and] the kidnapping of President [Nicolás] Maduro and his wife.”

“Our resolution was a good one,” said one speaker, who only identified themselves as Pat. “Your resolution, it included the fact that it would be okay if Congress declared war on Venezuela. That’s not what we’re talking about. That’s immoral, and that means you are immoral because you OK’d that resolution. … What we need to do is say, ‘We are against war with Venezuela’ because I’m ashamed of this country.”

The council did not respond to requests for the resolution to be agendized. The Dec. 16 meeting cancellation notice stated that “any items intended for consideration at the canceled meeting will be placed on a future agenda, as appropriate.”

###

The city council also received a report on upcoming housing needs in the city. Check LoCO tomorrow for a full report!