Cases & Deals

Digital Recognition Network and Vigilant Solutions successfully challenge constitutionality of Utah’s regulation of automatic license plate readers

Clients Digital Recognition Network, Inc.

On behalf of Digital Recognition Network, Inc. and Vigilant Solutions, Inc., Jones Day filed a First Amendment challenge against the Utah Automatic License Plate Reader System Act, which criminalized the use of automatic license plate reader systems to disseminate and collect license plate data. The companies represented by Jones Day use photographs and image-content analysis techniques to serve the financial, insurance, and vehicle repossession industries, as well as to assist law enforcement and the National Center for Missing and Exploited Children. They contended that Utah’s law infringed their First Amendment rights because using automatic license plate reader systems to disseminate and collect information by taking a photograph is constitutionally protected speech.

After the companies moved for a preliminary injunction, the Utah Legislature recognized that the law was flatly unconstitutional. Before an opposition brief was even filed, the Legislature promptly responded to the lawsuit by amending the statute to eliminate the ban on private use of automatic license plate reader systems. After the Defendants conceded that the amended statute “does not prevent Plaintiffs from engaging in the activities in which their Complaint states they desire to engage,” the companies voluntarily dismissed the case.

Digital Recognition Network, Inc. v. Governor Gary Herbert, Case No. 2:14-cv-00099 (D. Utah)