American Civil Liberties Union of Massachusetts, Inc. v. Massachusetts State Police

Massachusetts Superior Court·Decided September 2, 2026·No. 2384CV02560·Published

Opinion

            The plaintiff, American Civil Liberties Union of Massachusetts, Inc. (ACLUM), seeks records from the Massachusetts State Police (MSP) pertaining to Automatic License Plate Readers (ALPRs). Based on MSP's refusal to provide certain requested records, ACLUM filed the instant complaint, asserting violations of the Public Records Law, G. L. c. 66, § 10A. Now before the Court are the parties' cross motions for summary judgment. Following a hearing and careful consideration of the parties' arguments, the plaintiff's motion for summary judgment [Paper No. 9] is ALLOWED and the defendant's cross-motion for summary judgment [Paper No. 13] is DENIED.

BACKGROUND

            In August 2023, ACLUM submitted a public record request for information concerning MSP's use of ALPR technology and associated databases. MSP did not respond. ALCUM filed a complaint on November 9, 2023, alleging violations of public records law G. L. c. §§ 10, 19 (count I) and for declaratory judgment pursuant to G. L. c. 231A (count II). MSP turned over documents responsive to ACLUM's public record request on December 23, 2023, including contracts, agreements, brochures, training materials, policies, procedures, and data captured by the cameras. MSP also withheld requested information regarding camera locations and "audit

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logs," citing exemptions under G. L. c. 4, § 7, Twenty-sixth (n) (security exemption) and (f) (investigatory exemption). [1] In support of its decision to withhold these records, MSP has offered the Affidavit of Lt. Ryan Walczak of the MSP's Division of Homeland Security within the Technical Services Section (Walczak Affidavit).

RELEVANT FACTS

            The undisputed facts established in the record and pertinent to the cross motions for summary judgment, with all reasonable inferences drawn in the light most favorable to the non-· moving party, are as follows:

            MSP's ALPR system uses cameras that are stationary, police vehicle-mounted, or handheld to continuously and indiscriminately scan the license plates of every vehicle driving by the camera. ALPR cameras are located in outdoor, public spaces. The system has optical character recognition software that automatically translates images of license plates into machine-readable text. The ALPR system creates a record that includes a picture of the vehicle's license plate, time, date, and location of the capture, and the text of the license plate number. Information recorded by the cameras can be searched and reviewed. ALPR systems can generate real-time alerts about vehicles passing a camera. MSP can submit the data collected into regional or nationwide law enforcement databases and can share their data with outside law enforcement agencies.

            ALPR audit logs contain information regarding the date, time, and nature of the system query. ALCUM's August 2023 request expressly exempted "the license plate number or other identifying information regarding the plate queried."

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[1] In its initial response to ACLUM's records request, MSP also invoked the exemption under G. L. c. 4, § 7, Twenty-sixth (b) (internal rules and practices exemption). MSP failed to include this exemption in its opposition and cross motion for summary judgment. At the hearing, MSP informed the Court that it was no longer pursuing the application of this exemption.

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DISCUSSION

I.          STANDARD OF REVIEW

            Summary judgment is appropriate if there are no genuine issues as to any material fact and the moving party is entitled to judgment as a matter of la . See Mass. R. Civ. P. 56; American Family Life Assurance Co. of Columbus v. Parker, 488 Mass. 801, 804 (2022). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue. Pederson v. Time, Inc. 404 Mass. 14, 17 (1989). The moving party may satisfy this burden either by submitting affirmative evidence that negates an essential element of the opposing party's case or by demonstrating that the opposing party has no reasonable expectation of proving an essential element of their case at trial. See Flesner v. Technical Communications Corp., 410 Mass. 805, 809 (1991); Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). A court reviewing a motion for summary judgment  must "draw all  reasonable  inferences  in the light most favorable  to the nonmoving  party."  Drakopoulos v. US Bank Nat'l Ass'n, 465 Mass. 775, 777 (2013), quoting Premier Capital, LLC v. KMZ, Inc., 464 Mass. 467, 474-475 (2013).

II.        EXCEPTIONS TO PUBLIC RECORD LAW

            The public records law, G. L. c. 66, § 10 (a), requires the government to release upon request materials that fall under the definition of public records. G. L. c. 4, § 7, Twenty-sixth. There is a statutory presumption of disclosure. G. L. c. 66, § 10A (d)(l)(iv) ("a presumption shall exist that each record sought is public and the burden shall be on the defendant agency or municipality to prove, by a preponderance of the evidence, that such record or portion of the record may be withheld ... "). Accordingly, "the statutory exemptions [from the definition of public records] must be strictly and narrowly construed." Globe Newspaper Co. v. District

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Attorney for the Middle Dist., 439 Mass. 374,380 (2003). See Boston Globe Media Partners, LLC v. Department of Pub. Health, 482 Mass. 427, 432 (2019).

            It is uncontested that ACLUM's record request concerns records falling within the general definition of "public records." MSP has invoked two exemptions in withholding certain records sought by ACLUM: exemption (n), colloquially known as the "security exemption," and exemption (f), the "investigatory exemption."

            Exemption (n) exempts from the definition of public records,

"records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency preparedness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or buildings, structures, facilities, utilities, transportation, cyber security or other infrastructure located within the commonwealth, the disclosure of which, in the reasonable judgment of the record custodian, subject to review by the supervisor of public records under subsection (c) of section 10 of chapter 66, is likely to jeopardize public safety or cyber security."

G. L. c. 4, § 7, Twenty-sixth (n).

            The "animating principle" underlying the adoption of exemption (n) was "protecting the public from terrorist attacks in a post-September 11, 2001, world[.]" People for the Ethical Treatment of Animals, Inc. v. Department of Agric. Resources, 477 Mass. 280, 288-289 (2017) ("PETA"). The first consideration is whether, and to what degree, the record sought resembles the records listed as examples in the statute. The touchstone of this inquiry is whether, and to what degree, the record is one a terrorist "would find useful to maximize damage," and in that sense jeopardize public safety. Id. at 289.

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