I dont think ive heard so many "umm uhhh well" fumbles in my life as I did in their responses🤣 still none of the data I asked for and that Dr Berry insists is there and clearly shows the benefits of harm reduction supplies.
Harm reduction grew out of the "safer sex" model, which accepted that sexual behavior is a universal human impulse and focused on reducing associated harms. That framework was later extended to drug use under the premise that some people will use drugs regardless of prevention efforts. Before accepting that analogy, it seems reasonable to ask whether the behaviors are truly comparable and what evidence justifies that conceptual leap. Most importantly, what local data show that the specific safer-use supplies being distributed here are producing the intended public health outcomes?
Timeline: From Abstinence to Safer Sex to Harm Reduction
Pre-1980s: Abstinence and Avoidance Model
Public health messaging largely focused on avoiding risky behaviors altogether: abstinence from illicit drugs, abstinence outside marriage, and avoidance of behaviors associated with disease transmission.
The primary intervention was behavior change through education, social norms, and legal restrictions.
1981–Late 1980s: HIV/AIDS Forces a New Approach
With the emergence of HIV/AIDS, researchers and public health officials observed that many people continued engaging in high-risk sexual behaviors despite warnings.
The focus shifted from "stop the behavior" to "reduce the risk associated with the behavior."
This led to widespread promotion of condoms, safer-sex education, and risk-reduction strategies.
The key outcome measured was reduced HIV transmission, not reduced sexual activity.
Mid-1980s–1990s: Safer Sex Framework Applied to Injection Drug Use
HIV was increasingly being transmitted through shared needles among people who inject drugs.
Researchers applied a similar risk-reduction framework:
If some individuals continue injecting drugs despite prevention efforts,
then providing sterile syringes may reduce HIV transmission.
Early needle exchange programs were developed in Europe and later expanded in the United States primarily as HIV prevention interventions.
1990s–2000s: Expansion to Hepatitis Prevention
Research expanded beyond HIV to include Hepatitis B and Hepatitis C, both of which can spread through blood exposure.
Syringe programs increasingly justified their existence through prevention of blood-borne disease transmission.
2000s–Present: Modern Harm Reduction
Harm reduction broadened from infectious disease prevention to include:
naloxone distribution,
overdose prevention,
treatment referrals,
wound care,
safer smoking supplies,
and other health and social services.
The framework evolved from "prevent HIV transmission" to "reduce harms associated with ongoing drug use."
The Policy Question
The strongest evidence supporting harm reduction originated in efforts to prevent HIV transmission. During the HIV/AIDS epidemic, public health shifted from an abstinence-focused approach toward a risk-reduction approach, promoting safer-sex practices and condom distribution to reduce disease transmission among people who continued engaging in sexual activity. As HIV spread among people who inject drugs, a similar risk-reduction framework was applied to injection drug use through sterile syringe programs and other interventions aimed at reducing infectious disease transmission. Over time, that framework expanded into today's broader harm reduction model. The question is not whether condoms reduce HIV transmission or whether sterile syringes reduce needle sharing—those findings are well established. Rather, what evidence justified extending that framework to the wider range of safer-use supplies distributed today, and what local data demonstrate that these interventions are achieving their intended outcomes in Clallam County?
I appreciate your intellect, energy, and drive. It's logical to think this way but is this something that ends up being another quagmire with little resolution is the question I keep asking myself. This after watching people argue "facts" and seemingly get nowhere in debates, on forums, and on news stations for more years than I can count. For every fact someone establishes another brings up a different fact and the veracity of each fact presented comes into question.
My position is now based on some concepts around freedom of will/choice, personal accountability, and biological imperative for pack survival that could care less if life is fair. It's cold, heartless, but I'm tired of it all. But that's me.
Still a faithful supporter of your initiative though and I hope that you prevail in changing the policies because it's how things are done.
The 6 corners met and came up with methadone clinics and Oxford house. Harm reduction undermines both programs. Why would you quit heroin and enter methadone program if your county just made it easier to do heroin, and easier for OPNET to find the kingpin. Now that stack of CI cash payments gets even less scrutiney since they do not has 1099 forms or any tracking system. Why would you ever seek the accountability Oxford house has if you can live in pallets and Mountain View Court and keep doing hard drugs.
Observation tells me Mielke likely never worked in a restaraunt.( French actually did, but observing the way he interacted with staff post covid was enough to make me not return there for years.)
My son worked at the place I managed all through high school. Now succesful in his chosen field, he thinks anyone who doesn't serve in the military should be required by college to work a minimum of 2 years in food service/retail as preparation for adulting.There are many life lessons applicabe to higher level careers that can be learned working jobs in direct public service.
That's why fast food places were perfect for entry level job experience. And thru illegal immigration, we saw these entry level jobs going to adults who needed a living wage. Very prevalent in So. Cal area.
I'm not saying it's a good idea, but I think it's possibly a reality of the pay he receives and they're not being room for an assistant. My take on people who perform the work that he does is that it's good money for as long as it lasts. Many administrators move on after very short stints and never really take root in the communities that they serve.
I was surprised to hear him state repeatedly that he is working around the clock with these contracts and negotiations. Where is another attorney to assist in the language that seems to be the hold up in the signing of the contracts due June 30!
All the studies she ever sent me as evidence were literatiure surverys of previous studies. They are not truly scientific, based on self reporting from addicts, and lack control groups. They are also mostly about syringe exchanges of the old days, not the extreme enablement they practice now.
Thank you for persisting. When will anyone in authority begin to take accountability for the impacts of survived overdose when they won't even acknowledge them?
They don't care about the impacts on overdose survivors because they are creating a permanent underclass to feed the pharmaceutical, homelessness and addiction industries.
PS also either Berry is lying or she really is ignorant if she works in addiction medicine and "never heard of Ibogaine"
An opioid overdose cuts off oxygen to the brain, often causing hypoxic or anoxicvbrain injury, even if the overdose is reversed with Narcan (Naloxone).
Even if you are revived and your life is saved, every overdose increases your risk of lasting damage to the brain.
If you have ever overdosed and now feel “different,” it is possible you have experienced a brain injury, which may result in temporary or permanent cognitive and/or physical impairments.
Symptoms of brain injury can include:
Foggy Thinking
Dizziness or Disorientation
Balance Issues
Slower Processing Speeds
Judgment Issues
Slurred Speech
Change or Disruption in Sleep Patterns
Headaches
Irritability
Mood & Personality Problems
Memory Issues
Trouble Reading/Writing
Seizures
Vision and Hearing Issues
A survivor of brain injury may experience one or several of these symptoms; every brain injury is unique to the individual it affects.
What I am afraid is that Dr Berry is essentially using an AI version of original documents when she provides literature that has been condensed and we're supposed to trust it? Does she actually read the studies?
I can agree, we are headed towards personal and family survival due to the inherent threat of self-preservation & protection from our County Government.
Virginia, I'm so glad you're drilling down on this issue!! Their Attachment A photo seems pretty clearly not 3-inch pixel resolution imagery. That they already lied about who has access to the photos is telling. I'd be interested to know if my property was photographed using EagleView and to obtain the photos for myself. Do you have any suggestions on how to do that?
I recently emailed the Assessor's Office to ask about their policy on entering properties with clearly marked no trespassing signs. My understanding is that posted signs should clearly bar them from entering my property. However, I haven't received a response back yet. Do you know if Clallam County Assessor's office has a policy on whether they will enter a property with a posted no trespassing signs?
I have a large lot and the majority of my property is not visible from the street. I have a high expectation of privacy in my backyard, and am very disturbed by the idea that that county could skirt around my no trespassing signs by doing a fly over instead. Maybe I should post some no trespassing signs that facing skyward?
Great questions. I've found Virginia to be very responsive, but she doesn't monitor CCWD comments. I encourage you (and others) to email Virginia directly at VirginiaShogrenAuditor@gmail.com
That's another good analogy. If not acceptable in the first scenario, then how is it acceptable in the latter?
It's my understanding that if everyone is excluded from those areas (mail delivery, foid delivery, cordoned off by physical barriers) then the government also cannot go there. If the front of your property says no trespassing but the garbage man or postal worker can go there then an assessor can is my understanding.
Thank you to David Rogers, Virginia Shogren, Jake Seegers, and Jeff Tozzer for being up front and center to all of the numerous bad decisions our County elite have made. The more you expose, the more we clearly see what is happening: and erosion of our American freedoms. We need fighters like you because you bring clarity and grit. Keep speaking up and doing what is right and we will have our County righted and thriving!
"The County further claimed that access is restricted to the Assessor’s Office personnel only."
Is it normal for an assessor's office to restrict the photos they take from a PRR? They post the ones they take now along with assessments on their website for the public to see but suddenly new technology has to be restricted? Is that an admission that the images they take could be more intrusive than what they're currently doing?
It furthermore is concerning from a PRR position as in how is it a legimate exemption
I think that there's a process to challenge it and see their justification, but a call might be easier to start off. I've been able to call directly and get my questions answered although sometimes have had to wait for a call back.
Virginia, your efforts have restored hope to my soul that maybe it's not a lost cause to give a damn. When we are continually disregarded by our elected officials every time we attempt to hold them accountable to the laws and municipal codes governing the affairs they facilitate, it's hard not to want to throw your hands in the air and say 'screw it'. So many families and business owners are leaving, in search of a place that upholds our constitutional freedoms. It's devastating to see so many of them go, and our leaders are in complete denial that it's happening. I'm profoundly encouraged every time I read your content and I pray you're elected as the new auditor. You are exactly what this couny needs.
If intrusions and challenges to our Constitutions and privacy rights are not addressed, our rights will continue to be negated via continuation without representation. Liberty and rights disappear slowly; consider the frog in a pot scenario. Assessors nor government have any right to enter private property without the consent of the owner, unless accompanied by Search Warrant, having been recently confirmed in Grays Harbor County WA. Aerial surveillance is an intrusion upon the right to privacy, period.
It strikes me as being odd that you can't fly over military installations, WHY? My second question is are we laying any staff off or just adding to our tax burden?
Great work Virginia, Long story short a new expensive tool to increase our tax burden at the same time give us less community improvements and services, so more cost less value. Do we ever need change.
Government’s responsibility in the eyes of our local politicians is one simple course of action raise taxes find any possible method to find new taxes and increase the base of existing taxes.
Anyone who foolishly trusts the government, especially with their privacy, is not paying any attention and will likely pay the price~! Thank you, Patriot Virginia Shogren, for your excellent work~! Have a great day!
County Health and Human Services Director Kevin LoPicoll says to help preserve services, the county is proposing to use opioid settlement money to support staff positions at the Harm Reduction Health Center rather than purchasing additional supplies.
“So, our department took a decrease of approximately $580,000. So that went across all program areas. Ultimately, the impact was to six positions, five which were in public health, one which was in environmental health,” LoPicollo told Commissioners.
Officials say the proposal would use about $60,000 in settlement funding to help retain staff through the end of the year.
The Harm Reduction Health Center would still see changes, including fewer supplies and one unfilled position, but leaders say maintaining staff is the higher priority.
I am hearing panic in all gov't voices. Take a front row seat because more is yet to come. It'll be interesting to find out what is really necessary in gov't when the money dries up.
Maintaining staff is the highest priority? So perpetuating the bureaucracy takes priority over whatever the bureaucracy was set up to accomplish. How many times have I heard that?
The opioid settlement money is a one time event. When that runs out, I can guess where they will look for more funds - raise taxes.
The staffing list certainly looks bloated. Reminds me of the verse, "Never before have so many done so little with so much for so long that had we everything we could probably no nothing forever.
Virginia Shogren is absolutely right about one thing: Washington’s privacy law is still living in the rotary phone era while surveillance tech has moved on to the part of the movie where the robots unionize. Article I, Section 7 was written for a world where “enhanced imaging” meant binoculars, not AI driven change detection that can tell whether you replaced your deck boards.
But that’s exactly why the evidentiary standard matters.
A constitutional claim can’t be built on: an AI chatbot’s opinion about pixel sharpness, a marketing glamour shot from EagleView’s website, or a speculative “what if the County is secretly doing X” montage.
That’s not evidence, that’s a Bladerunner storyboard.
Courts do not accept:
“Grok says the imagery is more detailed than the County claims.”
Courts also do not accept: “My friend asked an AI”, “The vibes were off,” or “Here’s a screenshot I zoomed in on until it looked scary.”
And for the record, nothing in the EagleView contract resembles Deckard’s photo enhancement console from Blade Runner. There’s no “zoom into the reflection of a reflection” magic happening here. The way the podcast frames it, you’d think the County bought a Voight Kampff machine instead of a property assessment tool.
And the issue isn’t just AI speculation; it’s reliance on a non authoritative AI model whose interpretations have the same legal weight as a Magic 8 Ball. Courts want contract terms, technical specs, sworn testimony, access logs, and demonstrable use patterns. They do not want chatbot conjecture, no matter how confidently the chatbot conjectures.
This is where the podcast becomes its own subplot: the article uses AI as a supporting illustration; the podcast treats AI output like it’s Exhibit A in a federal trial. That’s not how constitutional law works. That’s how late night radio works.
If the County is actually using AI enhanced analytics in a way that crosses the Young threshold, that’s a real issue. But if the argument leans too heavily on Grok…a model that ranks somewhere between “experimental” and “please don’t cite this in court”…the case weakens itself before it even begins.
The legal question is serious. The evidentiary foundation needs to be equally serious. Preferably something sturdier than “Grok told me so.”
PM your at it again. Another great jibberish comment with no solutions to the problem. I have been asking you what you have done to make CC a better place to reside for 2 months and still NO answers. Until you do your comments are worthless left wing misinformation. Step up to the plate and give us on CCWD a reason to listen to your constant belittling of Jeff and Jake. We are waiting!
It is incredibly ironic that a public official using the stage name "Powdermonkey" is lecturing anyone about what is serious enough for a court of law. A "powder monkey" was a historical military term for a low-ranking helper whose only job was to carry explosives to the actual artillery, and that is exactly what this official is doing here—carrying water for a county bureaucracy while trying to sound like a tech-savvy film critic...
Powdermonkey accidentally gave Virginia the exact blueprint needed to win her case. By listing the precise items a court looks for, they highlighted the exact vulnerabilities the County is trying to hide.
Turning Powdermonkey's Words Against the County.
The Blueprint: They demanded contract terms, technical specs, and access logs.
The Trap: If the County refuses to hand these over during discovery, they look guilty of a cover-up.
The Win: If they do hand them over, the data will prove the automated, intrusive nature of the system.
Your Next Tactical Moves
Draft a Public Records Request: Use their exact phrasing to demand the contract and logs.
Quote the Post: Show the court that even County insiders agree this evidence is pivotal. Strip the Sci-Fi Rhetoric: Focus entirely on the data metrics to keep the judge grounded in fact.
Powdermonkey obviously hangs out at a County government water cooler. Hoping to take their spin into the internet forum to downplay Virgina's attempt to hold Clallam County accountable. Instead, they just provided clear steps on how to beat them in court. Now to find a federal angle to get it out of the state sandbox.
To bypass a hostile state-level "regulatory sandbox" (where counties test invasive surveillance tools like EagleView under the guise of administrative tax authority), property owners must elevate the dispute to a federal constitutional challenge.
A federal case strips away local statutory excuses (like RCW property assessment mandates) and forces the court to view automated AI dragnets through the lens of the U.S. Constitution.
The Core Federal Claims (42 U.S.C. § 1983)Property owners can file a federal civil rights lawsuit under 42 U.S.C. § 1983 against county officials, alleging violations of their federal constitutional rights.
1. The Fourth Amendment: Unreasonable Search of the Curtilage
The Argument: The Fourth Amendment protects the home and its "curtilage" (the private, enclosed area immediately surrounding the home, like a fenced backyard) from warrantless government intrusion.
The Federal Precedent: In Florida v. Riley (1989), the U.S. Supreme Court allowed naked-eye aerial observation from a helicopter, but explicitly warned that surveillance using advanced technology not available to the general public could violate the Fourth Amendment.
The AI Twist: EagleView’s sub-inch or 3-inch resolution imagery, coupled with proprietary algorithmic processing (ChangeFinder), is not "publicly available naked-eye observation." It is an automated, sense-enhancing digital trespass into areas protected by privacy fences.
The Fourteenth Amendment: Procedural Due Process
The Argument: Property owners are being subjected to automated enforcement actions based on algorithmic determinations without prior notice, an opportunity to be heard, or a transparent mechanism to challenge the accuracy of the AI.
The Federal Precedent: The government cannot deprive citizens of property interests (such as levying tax penalties or demanding code compliance remediation) using a "black box" automated system whose source code, error rates, and algorithmic biases are hidden behind corporate trade secrets.
Fourteenth Amendment: Equal Protection (Class of One)
The Argument: By deploying automated AI algorithms that selectively flag certain properties based on arbitrary digital parameters, the county is treating similarly situated property owners differently without a rational basis.
The Trap: If the AI is only deployed over specific neighborhoods, or if its flagging thresholds systematically target certain types of rural vs. urban improvements, it constitutes arbitrary and discriminatory government enforcement.
Here is the foundational framework to launch your federal surveillance case. This strategy is structured to focus strictly on the technology as an unconstitutional search, bypassing the state tax sandbox and insulating your case from the Tax Injunction Act (TIA).
Part 1: The Federal Strategy to Defeat the TIA Motion to Dismiss
The County will immediately try to throw your case out of federal court by citing the Tax Injunction Act (28 U.S.C. § 1341), claiming you must use state property tax appeal boards. To beat their motion to dismiss, your legal briefs must hammer three arguments:
The Remedy Rule: The TIA only bars federal cases where the plaintiff seeks to avoid paying a tax or upend state revenue collection. Because your lawsuit asks for an injunction against the surveillance program itself—and leaves the County free to assess your taxes using constitutional, ground-level, or public-domain methods—the TIA does not apply.
The Information-Gathering Distinction: Cite federal precedent establishing that the government’s method of gathering information is legally distinct from the use of that information. The constitutional violation is the warrantless digital search of your curtilage, which is completed long before any tax math is calculated.
The Cross-Departmental Reality: Highlight that EagleView is an enterprise-wide surveillance platform. If code enforcement, law enforcement, or environmental planning departments have access to the dashboard, it is a general municipal surveillance tool, not a "tax assessment" mechanism protected by the TIA.
42 U.S.C. § 1983 Federal Complaint (Surveillance Only)
UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WASHINGTON
I. INTRODUCTION
1.This is a civil rights action brought under 42 U.S.C. § 1983 to vindicate Plaintiff’s rights under the Fourth Amendment to the United States Constitution.
2. Plaintiff challenges Clallam County’s ongoing, systematic, and warrantless program of automated, high-resolution aerial surveillance and artificial intelligence-driven analytics over private residential property.
3. Plaintiff does not seek to enjoin, suspend, restrain, or otherwise challenge the assessment, levy, or collection of any state or municipal tax. Plaintiff seeks solely to halt an unconstitutional, technologically enhanced digital search of the protected curtilage of their home.
II. JURISDICTION AND VENUE4.
4. This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343 (civil rights).
5. Venue is proper under 28 U.S.C. § 1391(b) because the events giving rise to this claim occurred in Clallam County, within this judicial district.
III. FACTUAL ALLEGATIONS
6. Plaintiff owns and resides at the real property located at [Your Address] (the "Property"). The Property features a private backyard enclosed by physical barriers, constituting constitutionally protected curtilage.
7. Defendant Clallam County contracted with EagleView Technologies, Inc. to conduct regular, low-altitude, high-resolution aerial imaging campaigns over the county.
8. The EagleView system captures sub-inch or 3-inch pixel resolution imagery from multiple oblique angles, revealing physical details completely invisible to the naked eye from a lawful public vantage point or standard flight altitude.
9. Defendant integrated "ChangeFinder" or similar proprietary machine-learning algorithms into this surveillance platform. This AI autonomously scans historical imagery database tracks, monitors, and flags structural changes inside Plaintiff’s private curtilage over time.
10. This tech-driven surveillance is persistent, searchable, and stored in a permanent digital archive accessible across multiple municipal departments without judicial authorization or a warrant.
IV. CAUSE OF ACTION
Deprivation of Fourth Amendment Rights (42 U.S.C. § 1983)
11. Plaintiff incorporates all prior paragraphs by reference.
12. The Fourth Amendment protects individuals from unreasonable searches of their persons, houses, papers, and effects, including the curtilage surrounding the home.
13. Defendant’s deployment of proprietary, sense-enhancing, sub-inch aerial imagery combined with automated AI change-detection algorithms constitutes a "search" under Kyllo v. United States, as it utilizes technology not in general public use to spy on details of the home and curtilage that would otherwise require physical intrusion.
14. Defendant conducted, and continues to conduct, this electronic search without a warrant, without consent, and without any recognized exception to the warrant requirement.
V. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court:
A. Declare that Defendant’s warrantless use of high-resolution aerial surveillance and AI-enhanced analytics to search Plaintiff’s curtilage violates the Fourth Amendment;
B. Issue a permanent injunction prohibiting Defendant from subjecting Plaintiff’s property to warrantless EagleView and AI-driven surveillance;
C. Order Defendant to expunge all unconstitutionally obtained imagery and AI tracking logs of Plaintiff's property from municipal databases;
D. Award reasonable attorney's fees and costs under 42 U.S.C. § 1988; and
E. Grant such other relief as the Court deems just and proper.
Powdermonkey openly admits that Washington privacy law hasn't caught up to AI surveillance. In a court of law, that is not a defense for the county—it is a concession. The Washington Supreme Court handles this exact issue by applying constitutional principles to new tech, just like they did when thermal imaging moved beyond "the rotary phone era.
"The Sci-Fi Distraction:
Powdermonkey spends paragraphs ranting about Blade Runner, Voight-Kampff machines, and "robots unionizing." They are desperate to make high-resolution aerial AI sound like a sci-fi fantasy so they can ignore the very real line items in Clallam County's budget for software contracts.
The Discovery Trap:
Powdermonkey scoffs that "courts want contract terms, technical specs, and access logs." Perfect. By layout exactly what evidence proves the case, this public official just handed over the ultimate roadmap for a Public Records Act request.
The writer jokes about Blade Runner and "Voight-Kampff machines" to make your claim sound like science fiction. But you don't need a sci-fi machine to violate the Washington Constitution.
In State v. Young (1994), the technology was a primitive thermal imaging device that displayed blurry hot spots. It didn't see through walls like X-ray vision, and it didn't zoom into reflections. Yet, the Washington Supreme Court struck it down because it allowed the government to learn details about the interior of a home/curtilage that they couldn't see with the naked eye from the street.
That excerpt is a classic piece of legal posturing—confidently mocking the use of AI tools to distract from the reality that the county itself is using automated software. The writer is right about one thing: you cannot walk into a Washington court and say, "Grok told me this is unconstitutional.
"However, they are entirely wrong if they think that pointing this out dismisses your case. The critique actually provides a perfect roadmap of exactly what evidence you need to secure during discovery to turn "chatbot conjecture" into undeniable, legally binding facts.
Thinking they were serving the betterment of civilization until they realized they just weren’t.
Is that too dramatic of an analogy? History states that reporting on your neighbors was of great benefit to the Nazi rats. Fast forward technology, now 50? People can watch your comings and goings? Is this insane government overreach? Yes and yes. But when a citizen has photographic proof of illegal drug sales, well nothing happens. But by God if you resurface an existing driveway, you will need all your friends to pool funds to bail your sorry ass out of jail! You big fat criminal. How about the fact you can’t add rocks to a bulkhead without a county permit and of course a fee.
Will we get shirts with individual numbers printed on the back so the eye in the sky can report who is picking strawberries at that location?
Yes, I’m being a wiseass, but this is not the information that endears me to Clallam County.
I actually would join a peaceful protest (not the LWV) they are nuts.
Why now? My conspiracy hat points to scare the locals so they sell out at a reduced rate to an interested party. Oh it’s not much of a stretch. Today is swear day. So F***** Off you bunch of losers that keep treading on my rights. The forefathers would slap you up the side of your empty head.
Two week ago ,on a Sunday after noon. A guy was standing on the survey marker. In front of the house With a tripod it had electric reciever. So I ask what he was doing. We said he was.with Eagle view servilance. Are they doing this annually.?. Two years ago I recieved an Ariel picture of my house and sheds. With my tax accesment.
I dont think ive heard so many "umm uhhh well" fumbles in my life as I did in their responses🤣 still none of the data I asked for and that Dr Berry insists is there and clearly shows the benefits of harm reduction supplies.
Harm reduction grew out of the "safer sex" model, which accepted that sexual behavior is a universal human impulse and focused on reducing associated harms. That framework was later extended to drug use under the premise that some people will use drugs regardless of prevention efforts. Before accepting that analogy, it seems reasonable to ask whether the behaviors are truly comparable and what evidence justifies that conceptual leap. Most importantly, what local data show that the specific safer-use supplies being distributed here are producing the intended public health outcomes?
Timeline: From Abstinence to Safer Sex to Harm Reduction
Pre-1980s: Abstinence and Avoidance Model
Public health messaging largely focused on avoiding risky behaviors altogether: abstinence from illicit drugs, abstinence outside marriage, and avoidance of behaviors associated with disease transmission.
The primary intervention was behavior change through education, social norms, and legal restrictions.
1981–Late 1980s: HIV/AIDS Forces a New Approach
With the emergence of HIV/AIDS, researchers and public health officials observed that many people continued engaging in high-risk sexual behaviors despite warnings.
The focus shifted from "stop the behavior" to "reduce the risk associated with the behavior."
This led to widespread promotion of condoms, safer-sex education, and risk-reduction strategies.
The key outcome measured was reduced HIV transmission, not reduced sexual activity.
Mid-1980s–1990s: Safer Sex Framework Applied to Injection Drug Use
HIV was increasingly being transmitted through shared needles among people who inject drugs.
Researchers applied a similar risk-reduction framework:
If some individuals continue injecting drugs despite prevention efforts,
then providing sterile syringes may reduce HIV transmission.
Early needle exchange programs were developed in Europe and later expanded in the United States primarily as HIV prevention interventions.
1990s–2000s: Expansion to Hepatitis Prevention
Research expanded beyond HIV to include Hepatitis B and Hepatitis C, both of which can spread through blood exposure.
Syringe programs increasingly justified their existence through prevention of blood-borne disease transmission.
2000s–Present: Modern Harm Reduction
Harm reduction broadened from infectious disease prevention to include:
naloxone distribution,
overdose prevention,
treatment referrals,
wound care,
safer smoking supplies,
and other health and social services.
The framework evolved from "prevent HIV transmission" to "reduce harms associated with ongoing drug use."
The Policy Question
The strongest evidence supporting harm reduction originated in efforts to prevent HIV transmission. During the HIV/AIDS epidemic, public health shifted from an abstinence-focused approach toward a risk-reduction approach, promoting safer-sex practices and condom distribution to reduce disease transmission among people who continued engaging in sexual activity. As HIV spread among people who inject drugs, a similar risk-reduction framework was applied to injection drug use through sterile syringe programs and other interventions aimed at reducing infectious disease transmission. Over time, that framework expanded into today's broader harm reduction model. The question is not whether condoms reduce HIV transmission or whether sterile syringes reduce needle sharing—those findings are well established. Rather, what evidence justified extending that framework to the wider range of safer-use supplies distributed today, and what local data demonstrate that these interventions are achieving their intended outcomes in Clallam County?
References
HIV.gov. A Timeline of HIV and AIDS
https://www.hiv.gov/hiv-basics/overview/history/hiv-and-aids-timeline
NIH HIVinfo. The Basics of HIV Prevention
https://hivinfo.nih.gov/understanding-hiv/fact-sheets/basics-hiv-prevention
CDC. Strengthening Syringe Services Programs (SSPs)
https://www.cdc.gov/hepatitis-syringe-services/php/about/index.html
HIV.gov. Syringe Services Programs: Effective for HIV Prevention
https://www.hiv.gov/blog/syringe-services-programs-effective-for-hiv-prevention
National Academies Press. Preventing HIV Transmission: The Role of Sterile Needles and Bleach (1995)
https://www.ncbi.nlm.nih.gov/books/NBK232343/
National Academies Press. Needle Exchange and Bleach Distribution Programs in the United States
https://www.ncbi.nlm.nih.gov/books/NBK232350/
HIV.gov. Syringe Services Programs
https://www.hiv.gov/federal-response/other-topics/syringe-services-programs
Encyclopaedia Britannica. Syringe Exchange Service: History and Development
https://www.britannica.com/topic/syringe-exchange-service
Dr. Sarah,
Incredible resources.
Incredible research.
Being a teenager of the 80’s & reading your comment, well.. it sorta puts (life) into perspective..
“everything” is a pilot program.
When the HIV pandemic hit..
It was panic.
People were afraid the “hug” their loved ones … sound familiar?
Are we being “mazed”?
I will peruse your research.
Thank you for your Public Comment at Tuesday’s BOCC meeting.
Have you received an official response, other than the stupid verbal Todd gave you?
Keep in mind he admitted not knowing about the complaint.
That it was probably sitting in his email and he had not reviewed it yet.
However the verbal
would serve as your official response.
💥💥👊🏼👌🏼
It sounds very familiar, Teresa. I smell the putrid sent of "Dr." Fauci.
he was there.
proudly.
-caused fear, chaos, & confusion..
special interest groups “became” and benefited off the sickness of others.. an epidemic.
i smell it too.
ya, he disappeared.
gosh, its almost like we are watching a movie.
sadly.
I appreciate your intellect, energy, and drive. It's logical to think this way but is this something that ends up being another quagmire with little resolution is the question I keep asking myself. This after watching people argue "facts" and seemingly get nowhere in debates, on forums, and on news stations for more years than I can count. For every fact someone establishes another brings up a different fact and the veracity of each fact presented comes into question.
My position is now based on some concepts around freedom of will/choice, personal accountability, and biological imperative for pack survival that could care less if life is fair. It's cold, heartless, but I'm tired of it all. But that's me.
Still a faithful supporter of your initiative though and I hope that you prevail in changing the policies because it's how things are done.
The 6 corners met and came up with methadone clinics and Oxford house. Harm reduction undermines both programs. Why would you quit heroin and enter methadone program if your county just made it easier to do heroin, and easier for OPNET to find the kingpin. Now that stack of CI cash payments gets even less scrutiney since they do not has 1099 forms or any tracking system. Why would you ever seek the accountability Oxford house has if you can live in pallets and Mountain View Court and keep doing hard drugs.
HOW is Todd Mielke running this county by himself?
Why does Todd Mielke not have an admin department that assists him?
Why do we place trust into ONE man?
Someone explain.
But Berry gets a squad of syncophants on payroll
$200K salary?
you load a restaurant all at once.
you have one waitress.
and…. go. ?
Observation tells me Mielke likely never worked in a restaraunt.( French actually did, but observing the way he interacted with staff post covid was enough to make me not return there for years.)
My son worked at the place I managed all through high school. Now succesful in his chosen field, he thinks anyone who doesn't serve in the military should be required by college to work a minimum of 2 years in food service/retail as preparation for adulting.There are many life lessons applicabe to higher level careers that can be learned working jobs in direct public service.
That's why fast food places were perfect for entry level job experience. And thru illegal immigration, we saw these entry level jobs going to adults who needed a living wage. Very prevalent in So. Cal area.
I'm not saying it's a good idea, but I think it's possibly a reality of the pay he receives and they're not being room for an assistant. My take on people who perform the work that he does is that it's good money for as long as it lasts. Many administrators move on after very short stints and never really take root in the communities that they serve.
there in lies the problem.
in my opinion- how do you run a county you know nothing about and are not vested in?
I was surprised to hear him state repeatedly that he is working around the clock with these contracts and negotiations. Where is another attorney to assist in the language that seems to be the hold up in the signing of the contracts due June 30!
The others are on boards and commissions.
Gosh, I would
clean that place out!!
all the boards.
all the committees.
siphon through ALL the 501c3 corps, Not-for
profits and the Specials…
and …
Last term “Charter Review” members would be held accountable for black-balling Jeff Tozzer as a fellow Charter Review member.
I would find the laws and any Truthful discriminatory Iaws that would adhere to the *treatment of an elected Charter member.
No, not kissin’ his keester.
I witnessed their childish behavior.
Jeff Tozzer, time and time asking why his Agenda items were being removed. ??
Silence.
The kind of Silence a child plays when they are angry at you.
Mind blowing!
Every video should be up for review.✔️
Ok… rant over.
But my solution lies within the rant!😁💥👊🏼
All the studies she ever sent me as evidence were literatiure surverys of previous studies. They are not truly scientific, based on self reporting from addicts, and lack control groups. They are also mostly about syringe exchanges of the old days, not the extreme enablement they practice now.
Thank you for persisting. When will anyone in authority begin to take accountability for the impacts of survived overdose when they won't even acknowledge them?
They don't care about the impacts on overdose survivors because they are creating a permanent underclass to feed the pharmaceutical, homelessness and addiction industries.
PS also either Berry is lying or she really is ignorant if she works in addiction medicine and "never heard of Ibogaine"
https://theduneseasthampton.com/addiction-insights/many-fentanyl-and-heroin-overdose-survivors-suffering-permanent-brain-damage/
https://pmc.ncbi.nlm.nih.gov/articles/PMC8889511/
https://biaaz.org/assistance/if-you-have-overdosed/
"Did you know?
An opioid overdose cuts off oxygen to the brain, often causing hypoxic or anoxicvbrain injury, even if the overdose is reversed with Narcan (Naloxone).
Even if you are revived and your life is saved, every overdose increases your risk of lasting damage to the brain.
If you have ever overdosed and now feel “different,” it is possible you have experienced a brain injury, which may result in temporary or permanent cognitive and/or physical impairments.
Symptoms of brain injury can include:
Foggy Thinking
Dizziness or Disorientation
Balance Issues
Slower Processing Speeds
Judgment Issues
Slurred Speech
Change or Disruption in Sleep Patterns
Headaches
Irritability
Mood & Personality Problems
Memory Issues
Trouble Reading/Writing
Seizures
Vision and Hearing Issues
A survivor of brain injury may experience one or several of these symptoms; every brain injury is unique to the individual it affects.
What I am afraid is that Dr Berry is essentially using an AI version of original documents when she provides literature that has been condensed and we're supposed to trust it? Does she actually read the studies?
I can agree, we are headed towards personal and family survival due to the inherent threat of self-preservation & protection from our County Government.
Stammering for sure.
Virginia, I'm so glad you're drilling down on this issue!! Their Attachment A photo seems pretty clearly not 3-inch pixel resolution imagery. That they already lied about who has access to the photos is telling. I'd be interested to know if my property was photographed using EagleView and to obtain the photos for myself. Do you have any suggestions on how to do that?
I recently emailed the Assessor's Office to ask about their policy on entering properties with clearly marked no trespassing signs. My understanding is that posted signs should clearly bar them from entering my property. However, I haven't received a response back yet. Do you know if Clallam County Assessor's office has a policy on whether they will enter a property with a posted no trespassing signs?
I have a large lot and the majority of my property is not visible from the street. I have a high expectation of privacy in my backyard, and am very disturbed by the idea that that county could skirt around my no trespassing signs by doing a fly over instead. Maybe I should post some no trespassing signs that facing skyward?
Hi Heather!
Great questions. I've found Virginia to be very responsive, but she doesn't monitor CCWD comments. I encourage you (and others) to email Virginia directly at VirginiaShogrenAuditor@gmail.com
thanks Jeff.
i am going to send her (Virginia) an email.
she and i engaged in conversation, re: this very issue at the last barn dance.😁🇺🇸
-teresa
We need huge “No Trespassing” signs on our roofs!
That's another good analogy. If not acceptable in the first scenario, then how is it acceptable in the latter?
It's my understanding that if everyone is excluded from those areas (mail delivery, foid delivery, cordoned off by physical barriers) then the government also cannot go there. If the front of your property says no trespassing but the garbage man or postal worker can go there then an assessor can is my understanding.
Thank you to David Rogers, Virginia Shogren, Jake Seegers, and Jeff Tozzer for being up front and center to all of the numerous bad decisions our County elite have made. The more you expose, the more we clearly see what is happening: and erosion of our American freedoms. We need fighters like you because you bring clarity and grit. Keep speaking up and doing what is right and we will have our County righted and thriving!
You've done a lot to promote transparency too Denise!
"The County further claimed that access is restricted to the Assessor’s Office personnel only."
Is it normal for an assessor's office to restrict the photos they take from a PRR? They post the ones they take now along with assessments on their website for the public to see but suddenly new technology has to be restricted? Is that an admission that the images they take could be more intrusive than what they're currently doing?
It furthermore is concerning from a PRR position as in how is it a legimate exemption
I think that there's a process to challenge it and see their justification, but a call might be easier to start off. I've been able to call directly and get my questions answered although sometimes have had to wait for a call back.
They are looking for any additional structure or addittion to justify raising your assesment.
taxable value based primarily sq ft, if they can add sq ft they will
Virginia, your efforts have restored hope to my soul that maybe it's not a lost cause to give a damn. When we are continually disregarded by our elected officials every time we attempt to hold them accountable to the laws and municipal codes governing the affairs they facilitate, it's hard not to want to throw your hands in the air and say 'screw it'. So many families and business owners are leaving, in search of a place that upholds our constitutional freedoms. It's devastating to see so many of them go, and our leaders are in complete denial that it's happening. I'm profoundly encouraged every time I read your content and I pray you're elected as the new auditor. You are exactly what this couny needs.
HEAR ,HEAR Vote The WEDGE & COMMON SENCE VOTE JAKE and VIRGINIA!!!!
If intrusions and challenges to our Constitutions and privacy rights are not addressed, our rights will continue to be negated via continuation without representation. Liberty and rights disappear slowly; consider the frog in a pot scenario. Assessors nor government have any right to enter private property without the consent of the owner, unless accompanied by Search Warrant, having been recently confirmed in Grays Harbor County WA. Aerial surveillance is an intrusion upon the right to privacy, period.
It strikes me as being odd that you can't fly over military installations, WHY? My second question is are we laying any staff off or just adding to our tax burden?
Great work Virginia, Long story short a new expensive tool to increase our tax burden at the same time give us less community improvements and services, so more cost less value. Do we ever need change.
Government’s responsibility in the eyes of our local politicians is one simple course of action raise taxes find any possible method to find new taxes and increase the base of existing taxes.
Enlarge the socialistic GOV and there high wages. Produce nada to Gross national product they produce nothing.
Anyone who foolishly trusts the government, especially with their privacy, is not paying any attention and will likely pay the price~! Thank you, Patriot Virginia Shogren, for your excellent work~! Have a great day!
Sincerely, Mike
The good news is:
County Health and Human Services Director Kevin LoPicoll says to help preserve services, the county is proposing to use opioid settlement money to support staff positions at the Harm Reduction Health Center rather than purchasing additional supplies.
“So, our department took a decrease of approximately $580,000. So that went across all program areas. Ultimately, the impact was to six positions, five which were in public health, one which was in environmental health,” LoPicollo told Commissioners.
Officials say the proposal would use about $60,000 in settlement funding to help retain staff through the end of the year.
The Harm Reduction Health Center would still see changes, including fewer supplies and one unfilled position, but leaders say maintaining staff is the higher priority.
I am hearing panic in all gov't voices. Take a front row seat because more is yet to come. It'll be interesting to find out what is really necessary in gov't when the money dries up.
Best part is Dr. I know what I am doing Berry has no control over it either :D
Maintaining staff is the highest priority? So perpetuating the bureaucracy takes priority over whatever the bureaucracy was set up to accomplish. How many times have I heard that?
The opioid settlement money is a one time event. When that runs out, I can guess where they will look for more funds - raise taxes.
That's our elected officials admitting it's all about the money!
the HRHC expanded rapidly during covid. time to reel it back in and cut the fat
The DSA striking America from within.
How much should government be allowed to see from the sky? ----- MORTIFYING! Are they using heat sensors also to count how many people live there.
I am thinking Commissioners and City Council members first and on a regular basis.
And drug tested!
The staffing list certainly looks bloated. Reminds me of the verse, "Never before have so many done so little with so much for so long that had we everything we could probably no nothing forever.
Virginia Shogren is absolutely right about one thing: Washington’s privacy law is still living in the rotary phone era while surveillance tech has moved on to the part of the movie where the robots unionize. Article I, Section 7 was written for a world where “enhanced imaging” meant binoculars, not AI driven change detection that can tell whether you replaced your deck boards.
But that’s exactly why the evidentiary standard matters.
A constitutional claim can’t be built on: an AI chatbot’s opinion about pixel sharpness, a marketing glamour shot from EagleView’s website, or a speculative “what if the County is secretly doing X” montage.
That’s not evidence, that’s a Bladerunner storyboard.
Courts do not accept:
“Grok says the imagery is more detailed than the County claims.”
Courts also do not accept: “My friend asked an AI”, “The vibes were off,” or “Here’s a screenshot I zoomed in on until it looked scary.”
And for the record, nothing in the EagleView contract resembles Deckard’s photo enhancement console from Blade Runner. There’s no “zoom into the reflection of a reflection” magic happening here. The way the podcast frames it, you’d think the County bought a Voight Kampff machine instead of a property assessment tool.
And the issue isn’t just AI speculation; it’s reliance on a non authoritative AI model whose interpretations have the same legal weight as a Magic 8 Ball. Courts want contract terms, technical specs, sworn testimony, access logs, and demonstrable use patterns. They do not want chatbot conjecture, no matter how confidently the chatbot conjectures.
This is where the podcast becomes its own subplot: the article uses AI as a supporting illustration; the podcast treats AI output like it’s Exhibit A in a federal trial. That’s not how constitutional law works. That’s how late night radio works.
If the County is actually using AI enhanced analytics in a way that crosses the Young threshold, that’s a real issue. But if the argument leans too heavily on Grok…a model that ranks somewhere between “experimental” and “please don’t cite this in court”…the case weakens itself before it even begins.
The legal question is serious. The evidentiary foundation needs to be equally serious. Preferably something sturdier than “Grok told me so.”
PM your at it again. Another great jibberish comment with no solutions to the problem. I have been asking you what you have done to make CC a better place to reside for 2 months and still NO answers. Until you do your comments are worthless left wing misinformation. Step up to the plate and give us on CCWD a reason to listen to your constant belittling of Jeff and Jake. We are waiting!
Jeff it seems like PM has no answers. Surprise Surprise!
PM will be back tomorrow with some more constructive criticism :)
It is incredibly ironic that a public official using the stage name "Powdermonkey" is lecturing anyone about what is serious enough for a court of law. A "powder monkey" was a historical military term for a low-ranking helper whose only job was to carry explosives to the actual artillery, and that is exactly what this official is doing here—carrying water for a county bureaucracy while trying to sound like a tech-savvy film critic...
Powdermonkey accidentally gave Virginia the exact blueprint needed to win her case. By listing the precise items a court looks for, they highlighted the exact vulnerabilities the County is trying to hide.
Turning Powdermonkey's Words Against the County.
The Blueprint: They demanded contract terms, technical specs, and access logs.
The Trap: If the County refuses to hand these over during discovery, they look guilty of a cover-up.
The Win: If they do hand them over, the data will prove the automated, intrusive nature of the system.
Your Next Tactical Moves
Draft a Public Records Request: Use their exact phrasing to demand the contract and logs.
Quote the Post: Show the court that even County insiders agree this evidence is pivotal. Strip the Sci-Fi Rhetoric: Focus entirely on the data metrics to keep the judge grounded in fact.
Powdermonkey obviously hangs out at a County government water cooler. Hoping to take their spin into the internet forum to downplay Virgina's attempt to hold Clallam County accountable. Instead, they just provided clear steps on how to beat them in court. Now to find a federal angle to get it out of the state sandbox.
To bypass a hostile state-level "regulatory sandbox" (where counties test invasive surveillance tools like EagleView under the guise of administrative tax authority), property owners must elevate the dispute to a federal constitutional challenge.
A federal case strips away local statutory excuses (like RCW property assessment mandates) and forces the court to view automated AI dragnets through the lens of the U.S. Constitution.
The Core Federal Claims (42 U.S.C. § 1983)Property owners can file a federal civil rights lawsuit under 42 U.S.C. § 1983 against county officials, alleging violations of their federal constitutional rights.
1. The Fourth Amendment: Unreasonable Search of the Curtilage
The Argument: The Fourth Amendment protects the home and its "curtilage" (the private, enclosed area immediately surrounding the home, like a fenced backyard) from warrantless government intrusion.
The Federal Precedent: In Florida v. Riley (1989), the U.S. Supreme Court allowed naked-eye aerial observation from a helicopter, but explicitly warned that surveillance using advanced technology not available to the general public could violate the Fourth Amendment.
The AI Twist: EagleView’s sub-inch or 3-inch resolution imagery, coupled with proprietary algorithmic processing (ChangeFinder), is not "publicly available naked-eye observation." It is an automated, sense-enhancing digital trespass into areas protected by privacy fences.
The Fourteenth Amendment: Procedural Due Process
The Argument: Property owners are being subjected to automated enforcement actions based on algorithmic determinations without prior notice, an opportunity to be heard, or a transparent mechanism to challenge the accuracy of the AI.
The Federal Precedent: The government cannot deprive citizens of property interests (such as levying tax penalties or demanding code compliance remediation) using a "black box" automated system whose source code, error rates, and algorithmic biases are hidden behind corporate trade secrets.
Fourteenth Amendment: Equal Protection (Class of One)
The Argument: By deploying automated AI algorithms that selectively flag certain properties based on arbitrary digital parameters, the county is treating similarly situated property owners differently without a rational basis.
The Trap: If the AI is only deployed over specific neighborhoods, or if its flagging thresholds systematically target certain types of rural vs. urban improvements, it constitutes arbitrary and discriminatory government enforcement.
Here is the foundational framework to launch your federal surveillance case. This strategy is structured to focus strictly on the technology as an unconstitutional search, bypassing the state tax sandbox and insulating your case from the Tax Injunction Act (TIA).
Part 1: The Federal Strategy to Defeat the TIA Motion to Dismiss
The County will immediately try to throw your case out of federal court by citing the Tax Injunction Act (28 U.S.C. § 1341), claiming you must use state property tax appeal boards. To beat their motion to dismiss, your legal briefs must hammer three arguments:
The Remedy Rule: The TIA only bars federal cases where the plaintiff seeks to avoid paying a tax or upend state revenue collection. Because your lawsuit asks for an injunction against the surveillance program itself—and leaves the County free to assess your taxes using constitutional, ground-level, or public-domain methods—the TIA does not apply.
The Information-Gathering Distinction: Cite federal precedent establishing that the government’s method of gathering information is legally distinct from the use of that information. The constitutional violation is the warrantless digital search of your curtilage, which is completed long before any tax math is calculated.
The Cross-Departmental Reality: Highlight that EagleView is an enterprise-wide surveillance platform. If code enforcement, law enforcement, or environmental planning departments have access to the dashboard, it is a general municipal surveillance tool, not a "tax assessment" mechanism protected by the TIA.
42 U.S.C. § 1983 Federal Complaint (Surveillance Only)
UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WASHINGTON
I. INTRODUCTION
1.This is a civil rights action brought under 42 U.S.C. § 1983 to vindicate Plaintiff’s rights under the Fourth Amendment to the United States Constitution.
2. Plaintiff challenges Clallam County’s ongoing, systematic, and warrantless program of automated, high-resolution aerial surveillance and artificial intelligence-driven analytics over private residential property.
3. Plaintiff does not seek to enjoin, suspend, restrain, or otherwise challenge the assessment, levy, or collection of any state or municipal tax. Plaintiff seeks solely to halt an unconstitutional, technologically enhanced digital search of the protected curtilage of their home.
II. JURISDICTION AND VENUE4.
4. This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343 (civil rights).
5. Venue is proper under 28 U.S.C. § 1391(b) because the events giving rise to this claim occurred in Clallam County, within this judicial district.
III. FACTUAL ALLEGATIONS
6. Plaintiff owns and resides at the real property located at [Your Address] (the "Property"). The Property features a private backyard enclosed by physical barriers, constituting constitutionally protected curtilage.
7. Defendant Clallam County contracted with EagleView Technologies, Inc. to conduct regular, low-altitude, high-resolution aerial imaging campaigns over the county.
8. The EagleView system captures sub-inch or 3-inch pixel resolution imagery from multiple oblique angles, revealing physical details completely invisible to the naked eye from a lawful public vantage point or standard flight altitude.
9. Defendant integrated "ChangeFinder" or similar proprietary machine-learning algorithms into this surveillance platform. This AI autonomously scans historical imagery database tracks, monitors, and flags structural changes inside Plaintiff’s private curtilage over time.
10. This tech-driven surveillance is persistent, searchable, and stored in a permanent digital archive accessible across multiple municipal departments without judicial authorization or a warrant.
IV. CAUSE OF ACTION
Deprivation of Fourth Amendment Rights (42 U.S.C. § 1983)
11. Plaintiff incorporates all prior paragraphs by reference.
12. The Fourth Amendment protects individuals from unreasonable searches of their persons, houses, papers, and effects, including the curtilage surrounding the home.
13. Defendant’s deployment of proprietary, sense-enhancing, sub-inch aerial imagery combined with automated AI change-detection algorithms constitutes a "search" under Kyllo v. United States, as it utilizes technology not in general public use to spy on details of the home and curtilage that would otherwise require physical intrusion.
14. Defendant conducted, and continues to conduct, this electronic search without a warrant, without consent, and without any recognized exception to the warrant requirement.
V. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that this Court:
A. Declare that Defendant’s warrantless use of high-resolution aerial surveillance and AI-enhanced analytics to search Plaintiff’s curtilage violates the Fourth Amendment;
B. Issue a permanent injunction prohibiting Defendant from subjecting Plaintiff’s property to warrantless EagleView and AI-driven surveillance;
C. Order Defendant to expunge all unconstitutionally obtained imagery and AI tracking logs of Plaintiff's property from municipal databases;
D. Award reasonable attorney's fees and costs under 42 U.S.C. § 1988; and
E. Grant such other relief as the Court deems just and proper.
💣 The Powdermonkey Roast:
Exploding the Logic
The "Rotary Phone" Confession:
Powdermonkey openly admits that Washington privacy law hasn't caught up to AI surveillance. In a court of law, that is not a defense for the county—it is a concession. The Washington Supreme Court handles this exact issue by applying constitutional principles to new tech, just like they did when thermal imaging moved beyond "the rotary phone era.
"The Sci-Fi Distraction:
Powdermonkey spends paragraphs ranting about Blade Runner, Voight-Kampff machines, and "robots unionizing." They are desperate to make high-resolution aerial AI sound like a sci-fi fantasy so they can ignore the very real line items in Clallam County's budget for software contracts.
The Discovery Trap:
Powdermonkey scoffs that "courts want contract terms, technical specs, and access logs." Perfect. By layout exactly what evidence proves the case, this public official just handed over the ultimate roadmap for a Public Records Act request.
The writer jokes about Blade Runner and "Voight-Kampff machines" to make your claim sound like science fiction. But you don't need a sci-fi machine to violate the Washington Constitution.
In State v. Young (1994), the technology was a primitive thermal imaging device that displayed blurry hot spots. It didn't see through walls like X-ray vision, and it didn't zoom into reflections. Yet, the Washington Supreme Court struck it down because it allowed the government to learn details about the interior of a home/curtilage that they couldn't see with the naked eye from the street.
That excerpt is a classic piece of legal posturing—confidently mocking the use of AI tools to distract from the reality that the county itself is using automated software. The writer is right about one thing: you cannot walk into a Washington court and say, "Grok told me this is unconstitutional.
"However, they are entirely wrong if they think that pointing this out dismisses your case. The critique actually provides a perfect roadmap of exactly what evidence you need to secure during discovery to turn "chatbot conjecture" into undeniable, legally binding facts.
Okay, what country are we in? I feel like the communist are carrying out their duties. Remember WWII?
Some reasonable people got sucked up in to doing a horrible regime
Thinking they were serving the betterment of civilization until they realized they just weren’t.
Is that too dramatic of an analogy? History states that reporting on your neighbors was of great benefit to the Nazi rats. Fast forward technology, now 50? People can watch your comings and goings? Is this insane government overreach? Yes and yes. But when a citizen has photographic proof of illegal drug sales, well nothing happens. But by God if you resurface an existing driveway, you will need all your friends to pool funds to bail your sorry ass out of jail! You big fat criminal. How about the fact you can’t add rocks to a bulkhead without a county permit and of course a fee.
Will we get shirts with individual numbers printed on the back so the eye in the sky can report who is picking strawberries at that location?
Yes, I’m being a wiseass, but this is not the information that endears me to Clallam County.
I actually would join a peaceful protest (not the LWV) they are nuts.
Why now? My conspiracy hat points to scare the locals so they sell out at a reduced rate to an interested party. Oh it’s not much of a stretch. Today is swear day. So F***** Off you bunch of losers that keep treading on my rights. The forefathers would slap you up the side of your empty head.
Just have Jake pray about it: https://www.reddit.com/r/portangeles/comments/1ufk4ye/seegers_shotgun_sermon/
Two week ago ,on a Sunday after noon. A guy was standing on the survey marker. In front of the house With a tripod it had electric reciever. So I ask what he was doing. We said he was.with Eagle view servilance. Are they doing this annually.?. Two years ago I recieved an Ariel picture of my house and sheds. With my tax accesment.