Sonoma County Deployed Drones 700 Times Since 2019, Says ACLU Lawsuit

The American Civil Liberties Union of Northern California is suing Sonoma County for what it alleges is the county’s unconstitutional and invasive use of drones to spy on residents as part of its enforcement efforts.

The surveillance drone program was originally used to track down illegal cannabis cultivation in hard-to-reach rural areas, but its use has since expanded beyond cannabis to issues such as building code violations and zoning rule infringements, the lawsuit alleges.

Since they were introduced in 2019, drones have been deployed more than 700 times, and at least 5,600 images have been captured, according to the lawsuit. It also alleges that most of the deployments have specifically targeted residential areas and private properties, occasionally resulting in penalties for code infractions, ground searches and criminal investigations — all without a warrant.

“Sonoma County’s warrantless drone surveillance program violates the California Constitution, which guarantees the people’s affirmative right to privacy and right to be free from unreasonable searches and seizures by the government,” the lawsuit reads.

While the county’s drone program is described in the suit as notable due to its scale and sophistication, it is far from the only one in the state. As more counties and government agencies, such as the San Francisco Police Department, expand their use of drones and other aerial surveillance devices, the lawsuit calls attention to the public’s growing concerns over the right to privacy.

“The lawsuit is about our right to privacy and our right to live private lives in and around our homes as technology moves forward and the government gets powerful devices like drones,” said Matt Cagle, a senior staff attorney at the ACLU of Northern California. “

A spokesperson for Sonoma County declined to comment.

ACLU NorCal attorneys filed the lawsuit on behalf of three Sonoma County residents and property owners who accused the county of subjecting them to invasive surveillance operations, according to the lawsuit. Other defendants include county officials, code enforcement officers and Permit Sonoma, the agency that oversees land use and permitting, as well as the drone program.

Nichola Schmitz, one of the plaintiffs, said in the lawsuit that she only learned of the drones surveilling her home when a worker on her property pointed it out to her. Schmitz said she immediately ran into her home and was concerned that the drones had seen her naked earlier in the day.

Shortly after the incident, Schmitz received notice that parts of her property were in violation of the county code. She has since paid $25,000 to resolve the issue and is facing $10,000 in additional fees. According to the lawsuit, it was confirmed that drones were used to identify the violations.

“This horrible experience has shattered my sense of privacy and security,” Schmitz said in a statement. “I’m afraid to open my blinds or go outside to use my hot tub because who knows when the county’s drone could be spying on me.”

According to Cagle, drones have been used in the county to monitor private residences near the city of Santa Rosa, backyards, children’s play areas, swimming pools and hot tubs. The county has also made efforts to conceal its drone program from the public, he alleged, adding that officials have killed amendments to its surveillance policy that would restrict how drones can be used.

Plaintiffs in the lawsuit are seeking a permanent injunction against the use of taxpayer dollars to fund the program and also a judicial warrant requirement for any future drone flights.

“We know that people have a right to live their lives privately in and around their homes,” he said. “If a government agency is going to monitor private activities or private spaces where people expect to be having their privacy, they need to be getting a warrant.”

Under the California Constitution, people are entitled to a reasonable expectation of privacy from government surveillance in their homes and in the areas around their homes, Cagle said. The lawsuit against Sonoma County will help determine whether that expectation still stands in the “drone era,” he added.

“This is an important test case,” Cagle told KQED.

While there are laws relating to when private citizens and private individuals can use drones, when it comes to laws relating to government use of drones, it’s kind of the Wild West.”

KQED’s Sukey Lewis contributed to this report.