Council: No drones for Berkeley police for 1 year

A drone spotted in Berkeley last October. Photo: William Newton

A drone spotted in Berkeley last October. Photo: William Newton

The Berkeley City Council voted last week to enact a one-year moratorium on the use or acquisition of drones by the Berkeley Police Department.

The Feb. 24 vote came despite the fact that the department had no plans to get or use a drone.

“We don’t own a drone. We have no budget for drones. We have no plan to buy a drone,” said Police Chief Michael Meehan on Friday. “It’s not on our radar.”

Read more about drones in Berkeley.

Council voted Tuesday to allow the Berkeley Fire Department to use drones in disaster response efforts. But officials, for the most part, said they are not comfortable with police using drones for law enforcement purposes until the city hashes out a policy on the subject. As part of last week’s vote, they pledged to work on that policy at some point in the future.

The vote Tuesday does not affect privately-owned drones in Berkeley. 

Over the past few years, council has considered the regulation of drones within the city. Officials asked the city’s panels on Peace & Justice and Disaster and Fire Safety to bring back recommendations on the subject. Council received those reports last April, but took no further steps on fleshing out a policy.

Tuesday night, the Peace & Justice Commission brought the issue back to council, asking for a two-year moratorium on the use of municipal drones in Berkeley to give the city more time to think about the issue while also taking some steps to protect privacy. Officials said they were not prepared to do that, but came up with a compromise approach in the interim.

Eleven members of the public told council that they felt it would be important to limit the use of drones in Berkeley and by city departments. Local resident Jacquelyn McCormick said she didn’t think the proposal went far enough, in that it does not extend to the use of private drones in the city.

“I don’t want someone filming me walking down the street,” she told council. “I don’t want that kind of invasion in my personal space, in my personal life.”

District 8 Councilwoman Lori Droste was the lone “no” vote against the moratorium. She said, rather than ban the technology outright, the city should focus on how to address concerns about police surveillance, if that was the main concern. Droste called the idea of a broad ban “a little mind boggling,” adding that the city should seek more information before adopting a moratorium that is, in effect, a policy.

“If we aren’t ready to implement a policy, why pass a resolution that’s acting as a statement on policy?” she asked.

Other council members said they did want to ensure that Berkeley has the option to perhaps borrow a drone in the event of a fire in the hills or to find a missing child, which is why they voted to allow the Fire Department to use the technology even in the short term. Councilwoman Linda Maio pointed out that, when Berkeley came up with its policy related to helicopters, it did carve out certain situations regarding when they could appropriately be used by law enforcement.

Other council members said they want to take it slow until the technology and its ramifications are better understood.

“There’s no rush to do this thing,” said District 3 Councilman Max Anderson. “We need to set up and build some sense of ethics about how these things are used.”

Monday, Berkeley Fire Chief Gil Dong said he is aware of instances where drones have been used in firefighting efforts, nationwide and in California. Dong said, at this point, the logistics of using the technology are completely hypothetical.

“We don’t even know who has drones or unmanned aerial vehicles available,” he said, adding that most mutual aid agreements to share equipment are coordinated through the Alameda County Fire Department. He said he does not believe that department has a drone, and also clarified that the Fire Department would not likely be able to seek to borrow a drone to help find a missing person, as the vote last week was specific to drone use during disaster response situations.

“Whenever there’s an additional tool that’s available, we’ll look at using that to improve our response or communications,” Dong said. “But, without having that tool, it’s nothing to get excited about for right now.”

Related:
The lowdown: Berkeley council on protests, drones, more (02.24.15)
Drone technology in Berkeley may see further study (04.30.14)
Drone battle to come before Berkeley City Council (04.16.14)
Berkeley rejects idea of making city a No Drone Zone (12.19.14)
Berkeley considers becoming a No Drone Zone (12.18.12)
Of course you want to build your own aerial drone (12.12.11)

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  • Thorn A. Fusco

    nothing on private use? im glad they will allow the FD to use them in an emergency, but WHAT ABOUT PRIVATE?!?! example- last 4th of July there was a drone hovering over north Berkeley for long enough that the noise was ANNoying- from 5 blocks away- and who knows who was controlling it ? no one. What if it crashed (it was one of the larger, camera carrying types) ? How many houses was it over? I cant count, but approximately rose and MLK area, that’s a lot of potential victims.

  • FreeBruce BearLove

    > “I don’t want someone filming me walking down the street,” [McCormick] told council. “I don’t want that kind of invasion in my personal space, in my personal life.”

    This is a silly statement. It has never been illegal to photograph someone in a public place.

    On the substance of the matter, I’m disappointed and yet not surprised that the Council is busy passing restrictions of activity in which the affected agency declaims any interest. Why don’t they also prohibit BPD from blowing up the sun, resurrecting the dead, and any number of other issues that they have no intention of pursuing?

    Meanwhile, what about street repair and unfunded pensions? Clearing out the hobos?

  • A.D. Mobley

    And in a related story.. Berkeley City Council votes to ban spontaneous elephant parades for the next year. “We don’t own an elephant. We have no budget for an elephant. We have no plan to buy an elephant,” said Police Chief Michael Meehan on Friday. “Elephants are not on our radar.”

  • Alan_Tobey

    Gotta love this city’s approach to policy: “let’s ban hypotheticals that haven’t caused any problems yet, just in case.” Why not? We’ve had good practice with debating GMOs and the like over the years.

    Maybe we should add a regular Problems We Could Imagine If We Really Try section to an early part of the council agenda, so they’d be sure take time away from actual current issues with actual consequences.

  • Big Bear

    A newly published peer-reviewed scientific meta-study of studies of GMOs shows that studies funded by the GMO industry pervasively find that GMOs present no environmental or health problems, while studies not funded by industry characteristically turn up evidence raising concerns that in fact GMOs do present environmental and health problems. What does this have to do with drones? Nothing that I can see. What does it have to do with Alan Tobey’s agenda? That’s a good question.

  • Iceland_1622

    “We don’t own a drone. We have no budget for drones. We have no plan to buy a drone,” said Police Chief Michael Meehan on Friday. “It’s not on our radar.”

    Well how about mandating officers and your staff to “return email request for service vs. deleting them as “Unread” and never ever returning any voice mail requests to even supervisors? Maybe we should buy a community neighborhood drone to photograph officers and staff sleeping while on duty or involved in other to be discovered activities. It’s like dealing with the DMV or Post Office, except worse. Better service at WalMart.

  • guest

    You can’t make this stuff up.

  • guest

    How is it that Ms. McCormick thinks that her “personal space” and “personal life” can be protected when she is in a public place?

  • Gusted

    Drones can get in line behind police dogs, though as I remember Bull Connor didn’t have drones. Live & learn

  • Gusted

    Who’s Ann and why do you hate her?

  • http://Batmannananana.com/ Caesar Merlin

    why do cops needs drones? oh right they dont

  • Chris J

    And let’s also outlaw unicorns and fairies…just in case.

  • Chris J

    He should all worry about getting hit in the head by a baseball or getting hit by a car while he patrols the skies, looking up. Jiminy cricket.