Lawsuit claims SMUD illegally gave user data to police, enabling discriminatory pot enforcement

An Asian American nonprofit organization and a digital privacy advocacy group are suing the city of Sacramento and Sacramento Municipal Utility District, alleging the agencies targeted Asian Americans as they enforced local marijuana cultivation rules.

The lawsuit, filed Wednesday by the Asian American Liberation Network and the Electronic Fronteir Foundation in Sacramento Superior Court, alleges that SMUD is “searching entire zip codes’ worth of peoples’ private data and disclosing it” to the Sacramento Police Department in bulk, without a court order or investigation.

Most of the names listed in the SMUD data are “discernibly Asian,” according to the lawsuit. And the targeted zip codes have high Asian populations, including the south Sacramento area.

Overall, 86% of assessments done by Sacramento Police were against Asians between 2017 and 2019, even though Asians represent only 18% of Sacramento residents, the lawsuit said.

“This skew did not happen accidentally,” read the lawsuit, adding that the process intentionally excluded homes and non-Asian names in a predominantly white neighborhood, such as East Sacramento.

The civil case comes one month after the city of Sacramento agreed to pay nearly $700,000 to settle a lawsuit from an Asian American landlord who challenged $137,000 in marijuana penalties the city levied against him.

One police employee allegedly forwarded only Asian names along to authorities for further investigation. In another incident, the lawsuit alleges that a city official asked an Asian property manager if he knew there was a “problem with Asian people and grow houses.”

“When we heard about this mass surveillance and these injustices happening we were appalled, but I don’t know if surprised is the right word,” said Megan Sapigao from the Asian American Liberation Network. “We understand that folks in our own community have been impacted by this.”

Scanning SMUD data

Much can be inferred about private, daily routines through a surveillance program tracking energy use, the lawsuit states.

With the adoption of smart utility meters, electricity data from more than 600,000 meters can be measured in increments of 15 minutes or less. That data is sent to SMUD on an average of six times a day, and can be stored in their database for years, according to the lawsuit.

According to the lawsuit, Sacramento police regularly request consumer energy usage data from SMUD, honing in on any residence that uses more than 3,000 kilowatt hours per month. The lists serve as a starting point for police.

Officers then mail letters to renters and homeowners stating that the property may be used for indoor cultivation of cannabis.

Officers then conduct drive-bys, run license plates, and gather enough information to confirm that cannabis is being grown at properties throughout the city. Sacramento Police then obtain a criminal warrant and raid the residence.

Handing over that data, lawyers said, is a violation of state law, as well as an infringement on people’s privacy.

SMUD officials did not comment on the lawsuit but told The Sacramento Bee that they are required to cooperate with law enforcement.

“We value the protection of our customers private data and work hard to protect that personal data,” SMUD officials said. “But under the law, we are required to provide electricity usage data to law enforcement upon request and in accordance with their specific investigation.”

Sacramento’s marijuana penalties

Between 2017 to June 2021, the city issued 531 penalties, according to the Electronic Frontier Foundation. Those penalties have amounted to more than $105 million for the city of Sacramento.

The city benefits from the fines, said Electronic Frontier Foundation attorney Saira Hussain.

“Sacramento is viewing this program as a cash cow,” Hussain said. “They are viewing this as something that is extremely lucrative.”

The city did not comment for this story.

Many people appeal the fines, and it’s unclear exactly how much the city has actually collected in fines.

But Hussain said while the city collects fines from homeowners, tenants can face criminal charges and immigration consequences for non-citizens as well.

Sacramento’s ordinance allows residents to have up to six pot plants. People who have more than that can be fined up to $500 per plant.

This story was originally published September 22, 2022 at 5:30 AM.