Court Orders Release of Police Drone Footage in Landmark California Case

CHULA VISTA, C.A. — In a ruling that could reshape public access to surveillance footage across California, a San Diego County judge has ordered the release of 25 police drone videos, concluding a four-year legal dispute over public records.

The case began in 2021 when La Prensa publisher Art Castañares filed a records request to view one month of drone footage from the Chula Vista Police Department. The department denied the request, citing a blanket exemption under the California Public Records Act that categorized all drone videos as “investigative records.”

Represented by open-government attorney Cory Briggs, Castañares sued the city. Though a trial court initially sided with Chula Vista in April 2023, a California appellate court reversed that decision in December. The California Supreme Court later declined to hear the case, allowing the lower court’s ruling to stand. The final decision by the trial court requires the release of the videos, with redactions as needed.

“This is a huge victory for access to records that have been hidden from the public for years,” Castañares said after the ruling.

Drone Program Raises Privacy Questions

The case drew attention to Chula Vista’s drone program, one of the most extensive in the country. The department, which operates drones from five launch sites covering much of the city, has dispatched drones over 8,800 times between January 2022 and February 2024. According to data released to CBS 8, those flights average more than 11 per day.

Chula Vista Police describe the drone use as a tool to enhance emergency responses. However, 17% of the flights were for general disturbances, and 11% fell under a “protected call type” category that included calls for homicides, arson, and weapons at schools. Only 21 drone deployments resulted in arrests or citations, while 66% were used to assist officers. Nearly a third of flights did not result in any written report.

At the time the lawsuit was filed, Chula Vista was the only U.S. police department authorized by the FAA to operate drones beyond the line of sight.

Wider Implications for Statewide Drone Use

Castañares warned that the outcome of the case could influence how other police departments in California manage drone programs and public transparency.

“[This] sent a message to all the police agencies in the state that they have to follow these new requirements,” he said. “[T]hey have to be more careful about how they gather information on the public.”

Law enforcement groups, including the Los Angeles Police Chiefs Association, had backed Chula Vista’s legal defense, emphasizing the importance of drone footage in modern investigations. Their letter to the court highlighted potential integrations with facial recognition software and other surveillance systems.

“That is something that had not been discussed,” said Castañares, who expressed concern about the blending of surveillance tools. “It’s very 1984-ish.”

Taxpayer Costs Under Scrutiny

Castañares estimated the legal battle may end up costing Chula Vista taxpayers over $1 million in legal fees. Under state law, the city is required to pay the legal expenses of the prevailing party.

“Why did they think it was a good idea to spend taxpayer money to keep videos from the taxpayers?” he said. “[T]his was really the public fighting against itself.”