Norfolk's more favorable capture figure comes from its expert's report, now public with redactions

The opinion's "2-3 times per day" figure is footnoted to ECF No. 113 at 9, the City of Norfolk's own district-court summary-judgment brief, and describes the plaintiffs' own vehicles. The City's appellate brief adds a figure for all vehicles: "even the 5% of vehicles that were most photographed were on average photographed no more than once a day," citing the report of its expert, Valentin Estevez. That report was first filed under seal, then refiled publicly with redactions on Nov 21, 2025 (Doc. 180-1), where Estevez puts it as the top 5 percent being "captured once or less on 65% of days." The passage saying whose plates that analysis covered is still redacted. Plaintiffs-Appellants' Reply Brief (Doc. 59) never mentions or disputes the figure, most plausibly because their theory rests on the system's capability, not observed capture frequency.

How we know: Updated Sept 28, 2026: the Estevez report was refiled publicly in redacted form (Doc. 180-1), and the appellate brief is now quoted in full. Earlier versions said the figure rested on a sealed declaration and shortened the brief's wording.