Norfolk Residents Lose Lawsuit to Stop Flock License Plate Scanners

Federal judge rules city's use of nearly 200 automated license plate readers is constitutional

Jan. 28, 2026 at 2:39pm

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A federal judge in Virginia has ruled that the City of Norfolk's use of nearly 200 automated license plate readers (ALPRs) from Flock Safety is constitutional and can continue, dismissing a lawsuit filed by two Norfolk residents who claimed the system violated their rights.

Why it matters

This case highlights the ongoing debate over the use of ALPR technology by law enforcement and the privacy concerns raised by civil liberties groups. While the judge found the Norfolk system is not overly intrusive 'today,' the ruling underscores the need for continued scrutiny of these surveillance technologies and their potential for abuse.

The details

The plaintiffs, represented by the Institute for Justice, argued that Norfolk's Flock camera network amounted to a 'dragnet surveillance program' that captured their cars hundreds of times. However, the judge disagreed, finding the plaintiffs 'unable to demonstrate that Defendants' ALPR system is capable of tracking the whole of a person's movements.' The ruling comes as some jurisdictions have ended contracts with Flock over privacy concerns, and as federal lawmakers have expressed worries about potential abuse of the technology.

  • The lawsuit was originally filed in October 2024.
  • The federal judge issued his 51-page ruling on January 28, 2026, dismissing the case just days before a bench trial was set to begin.

The players

Mark S. Davis

The US District Court Judge who ruled in favor of the City of Norfolk in the lawsuit.

Institute for Justice

The libertarian non-profit public interest law firm that represented the plaintiffs and vowed to appeal the ruling.

Flock Safety

The Atlanta-based startup that has become the largest automated license plate reader (ALPR) vendor in America, with its technology used by thousands of law enforcement agencies.

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What’s next

The plaintiffs have vowed to appeal the federal judge's ruling dismissing the case against the City of Norfolk's use of Flock's automated license plate readers.

The takeaway

This case highlights the ongoing tension between law enforcement's use of surveillance technologies like automated license plate readers and the privacy concerns of civil liberties advocates. While the judge found Norfolk's system constitutional 'today,' the ruling underscores the need for continued oversight and scrutiny of these powerful technologies to prevent potential abuse.