In July of this year, I put up signs to educate my neighbors in the Town of Elkton about Flock license plate reader cameras and how they could help me get rid of them in our small town. At the time, I was naive about what would happen once I started asking questions. I believe that question has now been answered, and the answer is disturbing.
Those signs were removed by the Elkton Police Department and thrown away. I wanted a documented record of what had happened, so I called the Rockingham County Sheriff’s Office to report what I saw as destruction of property. The deputy who responded was Deputy B.R. Fix. I’ll admit my first interaction with Deputy Fix wasn’t bad. He was cordial and seemed eager to help me navigate the report. That didn’t last.
Shortly after the Town of Elkton voted 5-0 to cancel its Flock contract, I learned that the Sheriff’s Office was gearing up to use the system, even as its local partners were getting rid of the technology. I sent a FOIA request to the Sheriff’s Office, as I had to several other law enforcement agencies in the county. The Sheriff’s Office’s own written response confirmed that no meetings were held with any county board before the cameras went up. There was no Board of Supervisors vote and no public hearing.
On July 27th, I went to the Sheriff’s Office in Harrisonburg to pick up FOIA documents. On my way home, I passed the Flock camera at McGaheysville Elementary, and as I reached the Elkton town limits, Deputy Fix pulled me over. I was confused. I was paying attention, everything seemed fine, and I didn’t believe I had been going anywhere near the speed he claimed. This encounter was not as cordial as our first. He seemed irritated and said little beyond “73 in a 55, let me see your license.” I handed it over.
I used to believe in coincidence. I no longer do. The timing of that stop raised questions for me. Either I had crossed paths with a deputy acting on his own, or with a Sheriff’s Office intent on making clear that questioning its decisions would not be tolerated.
So, I filed another FOIA request, this time for the records of that stop, including body and dash camera footage and the calibration records for Deputy Fix’s radar unit.
After reviewing the documentation, and learning that hadn’t been recalibrated in the six months prior to the stop, I decided to fight the ticket. I believed I was being retaliated against, but in court I stuck to what I could prove.
When I arrived for court on October 15th, the judge noted that the Commonwealth’s Attorney was not prosecuting several cases, and told a group of us, about 10 to 15 people, that our tickets had been dismissed. I left the courthouse satisfied. I felt that this time the system had worked, and that I had used the law to push back against what I believed was intimidation. I was wrong.
Eight days later, on October 23rd, I was riding my motorcycle on Route 33, headed home to Elkton from Harrisonburg, when a marked Sheriff’s Office cruiser turned around and began following me. I didn’t know who was behind the wheel, but I had a very uneasy feeling. The cruiser was gaining on me and getting uncomfortably close, with no emergency lights on, so I turned onto Lawyer Road in Penn Laird to get out of the situation.
The cruiser followed me, sped up, and came close to hitting my rear tire. On a motorcycle, that would have been catastrophic. In real fear for my safety, I tried to put space between us. The cruiser then turned on its emergency lights and pulled me over.
I pulled into the 7-Eleven in Penn Laird, and lo and behold, Deputy Fix stepped out of the cruiser. He first told me he had stopped me because he couldn’t see my license plate. When I challenged that, he said I had cut off a truck when I turned onto Lawyer Road. I hadn’t. I signaled and had plenty of room. When I challenged that, too, he shifted a third time, to the lane markings. He also told me he had first followed me for speed, but admitted he never got a speed reading.
I asked for a supervisor. Instead of using his radio, Deputy Fix got into his cruiser and called someone on a cell phone, then told me a supervisor was on the way. After some time, with no supervisor in sight, he came back with a summons for failure to obey lane markings. He told me a supervisor wasn’t coming after all, that I could call their office, and then he left.
About 30 minutes later, I filed a formal complaint with the Sheriff’s Office. I have also requested the footage and records from that stop.
This is what happens when you don’t just lie down and take tyranny. This is what happens when you ask questions. I don’t know whether this is one deputy acting on his own or an approach that comes from the top of the Sheriff’s Office. But I do know that I’m stubborn. I won’t lie down and let you kick me, and I will use every civil means I have to bring to light the dark that covers this department.
Keep asking questions. Keep searching for the truth. And if this ever happens to you, remember: it’s because you’re asking the right questions.
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