Fusus put off because of "erosions in the rule of law at the federal level"
Council Members' and Mayor's Office Concerns Too Great to Overcome
On Friday, the Mayor’s Office confirmed to the Nashville Banner that it is not currently pursuing a contract with Fusus at this time due to “what appear to be erosions in the rule of law at the federal level.” This comes after the Metro Council passed a "guardrails" ordinance earlier this year limiting MNPD’s use of surveillance tools—like the previously rejected Fusus system.
There have been too many “conversations with council members,” Mayor Freddie O’Connell reports, “who are rightly concerned about what appear to be erosions in the rule of law at the federal level” for his administration to “have a schedule for” Fusus.
This shouldn’t be interpreted as the Mayor’s Office bowing to the outrage of a vocal minority.
It’s a reasonable and responsible interpretation of the current state of play on a national level. All safety systems need smart, strong rules written about their use. And even the best-written “guardrails” (and these were not very robust guardrails at that) are useless if the strongest party involved is unwilling to follow the rules.
What’s Changed?
Since the "guardrails" debate, ICE involvement with local law enforcement across the nation has increased dramatically, and actions of the US Executive branch have been deemed unconstitutional by the U.S. Supreme Court. The demands of the Court have been ignored by the Executive, causing what legal scholars are calling a full-blown constitutional crisis.
The nature of this crisis has been highlighted in an opinion by the Federal Appeal Judge J. Harvey Wilkinson, who ruled that the government must return Kilmar Abrego Garcia after he was “unintentionally” deported to Venezula where he is being held in the notoriously inhumane CECOT prison, and not being allowed contact with his attorney.
If the Executive claims the right to deport without due process and in disregard for court orders what assurances will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home. And what assurance shall there be that the executive will not train its broad discretionary authority power upon its political enemies?
Hundreds of Nashvillians have been turned over to ICE this year — a number that continues to climb. New DHS directives now even allow arrests in places once considered off-limits, like schools, churches, and hospitals.
At least three Nashvillians are believed to be among those deported to CECOT, El Salvador’s terrifying mega-prison. The charges these three Nashvillians were arrested for have been dropped, but they are now unreachable in the El Salvadoran mega prison. In CECOT, prisoners are crammed into massive, windowless cells, denied access to lawyers or families, and subjected to extreme physical abuse. Human rights groups warn that CECOT represents a collapse of basic legal protections and a brutal model of authoritarian control.
This is not theoretical anymore. It’s happening — and it’s happening fast.
In this context, building an MNPD surveillance network with Fusus would have handed these same federal actors even more unregulated access to private footage from Nashville, businesses, and streets. And, through its contracts with ICE and DHS, Axon (Fusus’ parent company) could have shared that footage beyond local control.
And even with firm guardrails (that would need to go far beyond what was passed), boundaries only work if you have the systemic power to enforce those limits.
[Correction: an earlier version of this stated “footage from Nashville homes…”, but this was a misstatement. Various provisions specific to the Nashville implementation would have prevented use of camera footage from private residences. Intended usage was privately owned camera were residents would “not have a reasonable expectation of privacy.”]
Protecting Immigrants and Native Citizens Alike
In light of the escalating constitutional crisis, the Mayor’s Office’s decision to halt the Fusus contract is not an act of capitulation but a responsible step to protect Nashville’s residents. Crucially, it reflects the persistent efforts of Metro Council members who have fought to safeguard the rights of both immigrant and native-born citizens alike. Their vigilance and insistence on firm protections have helped ensure that Nashville does not extend unchecked surveillance power to federal actors increasingly willing to disregard legal norms.
At a moment when basic civil liberties are under direct threat, the council’s leadership underscores the importance of local resistance to federal overreach. Building a surveillance network without guaranteed, enforceable protections would have been reckless. Thanks to the courage and foresight of Nashville’s elected representatives, the city is taking a stand for the rule of law and the safety of all its communities. The dangers are no longer theoretical — they are real, immediate, and ongoing. And in the face of that danger, Nashville is choosing to defend its people rather than endanger them.
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