The Town of Hempstead’s school bus camera enforcement program is under legal scrutiny, as a class-action lawsuit claims the town has systematically violated privacy laws by improperly using surveillance footage to issue traffic tickets.
Originally filed in November 2023, the lawsuit, filed on behalf of plaintiff Sergey Kadinsky, alleges that the town and its vendor, BusPatrol America, have been unlawfully recording and storing video footage of students, pedestrians, and other bystanders, raising concerns over data misuse and potential security risks.
According to the filing, the town’s contract with BusPatrol explicitly separates enforcement cameras from non-enforcement cameras—with windshield cameras being part of a separate “Student Safety Solution” package, not the official “Stop Arm Enforcement Solution.”
The plaintiffs claim the town has ignored these legal distinctions, leading to the mass issuance of tickets based on unauthorized evidence.
Brian Devine, the Town of Hempstead’s communication director, declined to comment on pending litigation.
The filing raises significant privacy concerns, alleging that the windshield cameras record continuously, capturing footage of students, pedestrians, and bystanders in violation of state and local laws.
Bientock argues, in reference to the tickets that provide video of a car running a stop sign, “The Town is systematically sending out videos of children to complete strangers, in violation of the Legislature’s strict rules protecting the privacy of students and other citizens. The images are helpfully accompanied by a map, GPS location, and the time of day at which the children might be found.”
As stated in the lawsuit, the use of these materials is in direct violation of the Family Educational Rights and Privacy Act and the New York State Student Data Protection Act.
The Family Educational Rights and Privacy Act is a federal law that protects the privacy of student education records, while the New York Student Data Protection Act is a state law that safeguards student data by regulating its use, storage, and sharing by third-party vendors in New York.
Under New York vehicle and traffic Law, to issue a ticket of this nature, the camera system must be activated only when the stop arm is deployed, capture clear images of the violating vehicle, including its license plate, and not capture images that show the driver, passengers, pedestrians, or cyclists.
Under the law, the recorded images must be used only to issue school bus violations and cannot be used for any other purpose. The video footage must be destroyed within 90 days if no ticket is issued or after the violation is resolved if a ticket is issued and paid.
The Town of Hempstead launched its partnership with BusPatrol in 2022, requiring school districts to opt into the program. Under the agreement, BusPatrol receives 45% of the revenue from violations, while the town retains 55%. Each ticket carries a minimum fine of $250.
The lawsuit is currently being heard in Nassau County Supreme Court. The plaintiffs seek refunds for drivers ticketed using unauthorized footage and an overhaul of the town’s enforcement practices.
If successful, the case could set a legal precedent for privacy protections in traffic enforcement programs across the state.
