On September 9, 2020, the city of Portland, Oregon became the first jurisdiction in the country to enact both a ban on city staff using facial recognition, and also private entities that provide public-facing services. The private side ban was no mere preemptive move – a local chain of grocery stores had recently begun using facial recognition to deny entry to people suspected of shoplifting.

Although the list of municipalities banning government agents from using this problematic technology is growing at a rapid pace, Portland’s novel use of the Americans with Disabilities Act (“ADA”) to justify the ban on private entities that provide services which meet the ADA’s definition of “public accommodations”, arose from a series of outreach meetings conducted by a city department called Smart City PDX, and Commissioner Jo Ann Hardesty. At its heart, the ADA is an anti-discrimination law, and Portland deserves kudos for its use of an existing federal law to provide greater protections to the residents of Portland.

Over the past two years, Secure Justice has been collaborating with Smart City PDX and Commissioner Hardesty regarding their intent to replicate some of the Bay Area surveillance and technology reforms we have helped put into place. Our advisory member Hector Dominguez is a key player at Smart City PDX, and one of the driving forces behind the bans.

Like San Francisco, Oakland, and Seattle, Portland has enacted a set of city-wide Privacy Principles to guide decision making in all facets of government services. Portland’s city council has also directed staff to study reforms enacted in Oakland, among other places, including whether implementing a Privacy Advisory Commission like Oakland (and soon San Diego) would be appropriate to handle the ongoing challenges from fast evolving technology.

Like Seattle, Portland has far exceeded the Bay Area jurisdictions when it comes to hosting community outreach meetings. The cluster of San Francisco Bay Area jurisdictions that are on a similar path would be wise to learn from our neighbors to the north. Support for the private ban arose from these community meetings.

As the recent and very deliberate attacks on Portland by the far right white nationalist movement have demonstrated, federal law enforcement agents (and their local partners) are far too eager to use the protests as pretext to target and track individuals exercising their First Amendment rights by counter-protesting white supremacy. It is necessary that our elected leaders do not succumb to the pressure from law enforcement and surveillance technology vendors and allow infringement of our civil liberties and our human right to privacy, to freely associate, and to express our dissent with government policies. Portland is truly a shining star in this regard, and with Commissioner Hardesty, the Office of Equity and Human Rights, and the folks at Smart City PDX, we are excited to see what the future holds for them.

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