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Thread: Houston Businesses Must Install Surveillance Cameras & release video

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    Exclamation Houston Businesses Must Install Surveillance Cameras & release video

    Houston Says Businesses Must Install Surveillance Cameras and Cops Can View Footage Without a Warrant



    2D73808E-81C6-4578-BFD2-2C03D0CB8EDC.jpeg


    Houston mandates spying outside bars and other businesses. Officials in Houston, Texas, have voted to require an array of businesses—including bars, convenience stores, and strip clubs—to install surveillance cameras and make footage from them readily available to police. The dystopian move is a transparently unconstitutional attempt by city leaders to circumvent Fourth Amendment protections against unreasonable searches and seizures.


    To access video from the cameras, police officers will not need a warrant. The rules apply to all Houston bars, convenience stores, game rooms, nightclubs, or sexually-oriented businesses. Owners of these establishments must install (on their own dime) surveillance cameras in outdoor areas "providing video coverage from the exterior of the building to the property line." Businesses must keep these cameras running 24 hours a day, and store camera footage for at least 30 days.


    If surveillance footage is requested by the Houston Police Department, businesses must turn it over within 72 hours. Failure to comply would mean fines of $500 per day


    https://reason.com/2022/04/21/housto...out-a-warrant/


    https://houston.novusagenda.com/agen...&MeetingID=536
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    I see a court challenge coming.
    “Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue.” - Barry Goldwater

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    Courts will kill that dream.
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    In the legal publication, I don't see the reference to law enforcement not needing a warrant to access the video.

    What I think might be even more challenging for those businesses is installing the 6-candle-foot lighting that cannot shine on residential areas. That could get expensive, depending on the configuration of the building and surrounding neighborhood.

    There's no doubt that communities are seeing increasing violent crime but I'm not sure they're handling this in the best manner.

    Most councils of that type have an attorney that advises them on the legality of their rules, so maybe they're making rules that are unconstitutional--and they know it--or, their attorney is advising them poorly.
    ""A government which robs Peter to pay Paul can always depend on the support of Paul" ~George Bernard Shaw

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    I find the use of the word "collaboration" to be misused here.

    It seems like tying it to alcohol licenses and specific business licenses would be harder to fight in court.
    Let's go Brandon !!!

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    Quote Originally Posted by Cletus View Post
    I see a court challenge coming.
    Courts have ruled that cameras on public streets and various locations are not an invasion of privacy, because you have no expectation of privacy in being there. That is why many places private and public have them by choice. So the legal issue is can a private business be forced to surveillance people on orders from the local Government or Police?

    I say NO, you are not an extension of the police department in order to make their job easier.
    My Revenge will be Success! - Donald J Trump

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    Quote Originally Posted by FindersKeepers View Post
    In the legal publication, I don't see the reference to law enforcement not needing a warrant to access the video.
    From the second link - 4th full paragraph:

    "The camera and lighting requirements are to take effect on the 90th day following passage and approval of this ordinance. Additionally, the ordinance requires that a camera owner or operator store video footage for no less than 30 days, and provide HPD with the footage within 72 hours of a request." (emphasis mine)

    Quote Originally Posted by FindersKeepers View Post
    What I think might be even more challenging for those businesses is installing the 6-candle-foot lighting that cannot shine on residential areas. That could get expensive, depending on the configuration of the building and surrounding neighborhood. There's no doubt that communities are seeing increasing violent crime but I'm not sure they're handling this in the best manner. Most councils of that type have an attorney that advises them on the legality of their rules, so maybe they're making rules that are unconstitutional--and they know it--or, their attorney is advising them poorly.
    That's why we have courts, right?
    Last edited by DGUtley; 04-22-2022 at 01:24 PM.
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    Quote Originally Posted by DGUtley View Post
    From the second link - 4th full paragraph:

    "The camera and lighting requirements are to take effect on the 90th day following passage and approval of this ordinance. Additionally, the ordinance requires that a camera owner or operator store video footage for no less than 30 days, and provide HPD with the footage within 72 hours of a request." (emphasis mine)
    Aha. Thank you for pointing that out!

    That's why we have courts, right?


    That is certainly the role of the courts, but from a municipal point of view, the commission has to be careful not to end up in court because they're making poor decisions. Taxpayers don't like footing those legal fees.

    I'm on a local commission now and while I'm still a relatively new member, I've learned it's wise to turn to the attorney and ask,

    "Is that right?"
    "Can we do that?"
    "Is that within our authority?"

    That attorney is there to cover our asses.

    That's why I have to wonder if the attorney for this commission advised them poorly or whether they ignored his advice.
    ""A government which robs Peter to pay Paul can always depend on the support of Paul" ~George Bernard Shaw

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