South Carolinians Ask State Appeals Court to Reinstate Automated License Plate Reader Lawsuit

Plaintiffs in a lawsuit challenging the South Carolina State Law Enforcement Division’s unauthorized use of automated license plate readers have filed an appeal asking a state appellate court to strike down the surveillance program.

FOR IMMEDIATE RELEASE
MAY 1, 2026

Media Contact: Joshua Manson, Policing Project at NYU School of Law, joshua.manson@nyu.edu, (914) 357-0000

SOUTH CAROLINA — The Policing Project at NYU School of Law; Jeremy Peterman of Orrick, Herrington & Sutcliffe LLP;  James Carpenter, of the Carpenter Law Firm, P.C; Allie Menegakis of the Clekis Law Firm, P.A.; and attorney P. Alesia Rico Flores have filed a legal appeal in the South Carolina Court of Appeals asking a judge to reinstate their lawsuit challenging the South Carolina State Law Enforcement Division’s (SLED) unauthorized use of automated license plate readers (ALPRs) to indiscriminately collect and retain information on South Carolina drivers.

The case, SCPIF v. SLED, was originally filed in April 2023 on behalf of the South Carolina Public Interest Foundation (SCPIF) and Greenville resident John Sloan. The plaintiffs allege that SLED’s use of ALPRs to indiscriminately capture and retain more than a hundred million time- and location-stamped photos of vehicles on South Carolina roads each year is unlawful because SLED does not have permission or authority from the state legislature to operate such a program. 

In May 2025, a state judge granted the defendants’ motion for summary judgment and ruled that certain South Carolina laws give SLED implicit authorization to operate its ALPR program. In today’s appeal, the plaintiffs argue that those laws give SLED authority to collect information about crimes and people connected to crimes, but not to the enormous amounts of personal information pertaining to people and vehicles with no suspected connection to any crime. 

“The General Assembly has not empowered SLED to keep tabs systematically on South Carolinians unsuspected of crimes,” the plaintiffs write in the appeal. “It certainly did not make such a consequential policy choice silently, with no deliberation or debate.”

In their appeal, the plaintiffs have asked the appellate court to rule that SLED lacks the authority to operate its sprawling database unless and until the legislature grants it authority.

Read the full brief here.

The Policing Project at NYU School of Law promotes public safety through transparency, equity, and democratic engagement. Learn about the Policing Project at www.policingproject.org.