We have our mailing lists, our Facebook groups, we have all kinds of ways that we talk to fellow library workers, she says. The terms of the settlement include a $41,000 check for Clayton and his lawyers. Toward the end of the video, Gutterman stated his intention to pursue legal action against the Silverthorne Police Department. This is a complete copy of the Danbury Police Department Internal Affairs InvestigationReport over the Danbury Library incident on June 9, 2021, C.T State Police Internal Affairs Investigation Report from the incident at Bradley Airport on July 23, 2021. Circuit Courts of Appeal as well as the U.S. Department of Justice have ruled that citizens have the First Amendment right to film police performing their duties in public (such as in Glik). On March 24, 2010, at approximately 11:30 p.m. in Weare, NH, the defendant, Carla Gericke, was following Tyler Hanslin in her car. 852, 853 (4th Cir. "To be sure, officers may always request someone's identification. Hostile messages have been posted on their childrens storytime videos as well, she says. After parking her car in the lot, Gericke got out and approached the fence that separated the lot from the road. The officer requested her li-cense and registration. The officers handcuffed and arrested Turner after he refused to identify himself. The lawsuit alleges that the city and county of Boulder have an informal custom of condoning unlawful arrests, retaliation, and excessive force by its officers that is based solely on the exercise of First Amendment rights.. On this page we will post all documents concerning complaints, correspondence, FOIA/FOIL/Open Records requests, lawsuits and any other documents relevant to LIAs auditing activities. DANBURY, CT The Danbury Police Department has disciplined four officers following an internal investigation into their confrontation with a Long Island man at the public library. We value your opinions, and would love to see you add to the discussion! Colorado Springs to pay cameraman $41,000 after First Amendment audit of police. The public-facing departments did go over all our policies with their staff, she says. Truly, audits can often have unpredictable results. Trending: SICK: Bill Gates + 6,000 Child Porno Images? Are they going to uphold the constitution, uphold the law or break the law? 2009). Sometimes, auditors will tell property owners upon questioning that they are photographing or recording for a story, they are photographing or recording for their "personal use", or sometimes auditors do not answer questions. Understand the librarys role as a limited public forum. "A first I was very surprised," Clayton told 11 News. In this two-part series, I will break down several court cases that apply to First Amendment auditors, the areas of the law that protect officers, and what law enforcement can do moving forward. She notes that adapting OIFs blog post into a set of guidelines is on the Intellectual Freedom Committees agenda. She also says staff would have protested the mans filming had he attempted to record minors or patrons using computers. Some auditors cite independent research into relevant laws, pointing out that they are currently being recorded by cameras in the building, or by stating that there is no expectation of privacy in public. Law enforcement should be prepared to deal with First Amendment auditors and they constitutionally have a right to film law enforcement at certain times. Colorado Community Media April 12, 2019: The "Arizona Auditor" Clayton responded, saying it did make sense. The officer added he was "making a threat assessment.". In it, you can see Clayton walking outside of the police department substation. This is the actual lawsuit filed in United States District Court in Connecticut on September 17, 2021 for the civil rights violations at the Danbury Public Library. However, this does not include the right to harass or interfere with public employees as they carry out those duties. And while these audits take the same format as before, libraries report more aggressive . In a decision handed down last week, the U.S. Court of Appeals for the 4th Circuit agreed that Wingate's rights were violated. As the video continues you can see one of the officer's take Clayton's camera, saying, "OK, we'll do it my way." While the 1A community does seek to expose bad officers, express opinions of law enforcement freely, and ensure that civil rights are respected, the movement also aims to inform and educate other citizens of their constitutional rights and highlight the work of good police officers who respect those rights.. According to Colorado Community Media, First Amendment auditors have made headlines in the state in recent years, including for disrupting city council meetings, winning settlements for wrongful detention, and one instance when a judge was allegedly threatened with his life. Libraries should clearly identify all nonpublic spaces inside the building, such as bathrooms, offices, break rooms, work areas, and reservable private study spaces. Libraries have been experiencing First Amendment audits for several years, but there has been an uptick in reported cases during the first eight months of 2021, according to the American Library Association's (ALA) Office for Intellectual Freedom (OIF). Like Glik, the First Circuit ruled that Gericke, and any citizen for that matter, has a clearly established presumptive right to videotape police activity in public. As a result of this phenomenon, many agencies are evaluating how to respond to these so-called auditors. Many of these encounters do not escalate, however, there are some encounters that have become challenging for law enforcement. That's what one man did when he took to the streets to conduct a "First Amendment Audit". U.S. Attorney General Merrick B. Garland announced Oct. 26 a revised news media policy that bars the Department of Justice from using subpoenas or other legal processes against journalists to obtain information theyve retrieved while news gathering. I feel very cynical about it, says Macrina. 2000), Fordyce v. City of Seattle, 55 F.3d 436 (9th Cir. This Substitute Information contains new charges against LIA in the Danbury criminal case. Phone Number: 210-207-7420. She credits her local police department with her ability to ready herself and her team for the encounter: My advice is to already have that established relationship with the police department and make sure everybody is on the same page., Police presence in libraries remains a difficult topic, especially when staff and patron safety may be at risk; not all libraries can rely on local police to help them prepare for First Amendment audits. Turner filed similar lawsuits against the cities of Fort Worth and Austin involving incidents of him video recording police and not identifying himself. Teacher and Citizen Guides: Recording Video and Audio of Police Officers. And while the format of these audits is familiar, libraries are reporting more aggressive, targeted, and organized operations than in years past. A videographer who sued the city and several police officers after being restrained outside of Round Rock police headquarters has received a settlement related to the lawsuit. Auditors refusing to identify sometimes results in officers arresting auditors for obstruction of justice, disorderly conduct, or other potential or perceived crimes. "When people take pictures of government buildings, in particular, a police department, it does cause some concerns," you can hear an officer stating to Clayton in the video. From The Danbury News Times on August 3, 2021, From The Danbury News Times on June 14, 2021, From The Danbury News Times on July 26, 2021, From The Danbury News Times on July 31, 2021, From The Danbury News Times on July 24, 2021, From The Danbury News Times on Aug. 7, 2021, From The Danbury News Times on June 12, 2021, From Law Enforcement Today on August 1, 2021, From The Danbury News Times on July 19, 2021, From The Danbury News Times on Aug. 27, 2021, 100 Pearl Street, Hartford, Connecticut 06103 | email: support@longislandaudit.com, Copyright 2023 Long Island Audit, Inc. & Impact Marketing. Additionally, every time the so-called auditor updates his YouTube channel, the calls and comments begin again. Recently, groups of individuals claiming to be First Amendment auditors, have been challenging police and gaining media exposure by filming the inside of various public spaces. Core invites applications for its 2023 PR Xchange Awards, recognizing the best public relations materials produced by libraries in the past year. "It's what I was looking for," said Clayton. " While citizens have recorded police officers performing their duties in public for years, officers should be prepared to deal with two con-temporary issues related to recording. Police Hour", "YouTuber gets police payout after stop and search for filming police station", https://ya62.ru/news/society/bloger_mrrissso_snyal_provokatsionnoe_video_s_ryazanskimi_gaishnikami/, "Earl David Worden: Another Case of Videographers vs. the Police", "GPD sergeant indicted in videographer's arrest", "It didn't have to be this way - The Wetumpka Herald", "Online group gives Foxboro Police Dept. Should be paid 3 million in my opinion. Clayton was filming marked police cars outside the department's Falcon Division and in the secure parking lot. First posted October 19, 2020 6:23am EDT Silverthorne pays $9,500 settlement to First Amendment auditor following incident at post office, Email address: freespeechproject@georgetown.edu, Electronic and Information Technology Accessibility. Its really protecting all of our rights," said Clayton. But he said Turner was satisfied with the judges refusal to dismiss the complaint against the officers. Stacy Wittmann, director of Eisenhower Public Library District (EPLD) in Harwood Heights, Illinois, took this advice when she heard some libraries were experiencing First Amendment audits. 2014), ACLU v. Alvarez, 679 F.3d 583 (7th Cir. Observing and record law enforcement activities, or in this case video recording a public building while standing in a public place, without interfering with any law enforcement activity, is a legitimate means of gathering information for public dissemination and is therefore speech protected by the First Amendment to the United States Constitution, reads the complaint. Here Trials and Court Cases Follow Trials and Court Cases as they unfold. By: Deborah Caldwell-Stone, Director, Office of Intellectual Freedom. Well, at least sometimes, but frequently the simple act of walking into a space and filming causes people to act up. Its no secret, now more than ever the Rights of the People are being squandered by the government. Which essentially nullified any claim of qualified immunity for officers who detain or arrest individuals for filming police encounters. The officer said he would be happy to give him all the information when they were done talking. For others, their aim is to actually make a difference, protect our rights, enforce the Constitution. He acted as his own attorney and won the case! The audits can take place in public spaces such as streets, libraries, post offices, beaches, town halls, police and sheriffs stations, and other locations. All charges were dismissed. For example: In a recent first amendment audit (video below) by Amagansett Press, the interaction begins with the 1st amendment auditor being asked to leave a public facility for not wearing a mask. 11 News first shared the video in November. By clicking the submit button below, you are agreeing with Bobit Business Medias Privacy Policy and this outlined level of consent. 2005), Szymecki v. Houck, 353 Fed.Appx. This is a complaint to the FBI filed against Danbury police Officers Utter and Farrell for civil rights violations that occurred in Danbury on June 9, 2021 and July 15, 2021. For Ryan in New England, police involvement escalated tension during her librarys audit, she says. Whether you realize it or not you have probably seen a first amendment audit video before. Jennifer Brown, executive director of The Field Library in Peekskill, New York, used OIFs blog post to prepare herself and her staff after receiving a warning from her towns police department to plan for a potential audit. USA Powerlifting said its policy wasn't transphobic but to ensure fairness since trans women have a "direct competitive advantage" over cisgender women. Other courts across the country have determined that citizens have a First Amendment right to record law enforcement personnel performing their duties in in public. I know what these people do, so when I heard it was a First Amendment audit, I thought, Oh, no.. These documents describe Long Island Audits 1st Amendment Auditing voyage over the last eighteen (18) months. Below you will find various documents, letters, motions, complaints, FOIA/Open Records reques t s, news articles, etc . A copy of the judges decision DISMISSING the criminal trespass charge in the Waterbury (CT) case. Frequently, local law enforcement is called and the auditor is sometimes reported as a suspicious person and are often also identified as having been on private property. The police were called shortly after the auditors arrival at the building. Democrats Hiding That John Fetterman is Brain Dead to Prevent Special Election? Long Island provoker Sean-Paul Reyes, 30, said he raked in $8,000 in his first. In defending his actions, Gutterman referenced the United States Postal Services Poster 7, entitled Rules and Regulations Governing Conduct on Postal Service Property. With respect to photography and videography, the poster reads, photographs for news purposes may be taken in entrances, lobbies, foyers, corridors, or auditoriums when used for public meetings except where prohibited by official signs or Security Force personnel or other authorized personnel or a federal court order or rule. The case settled, but it was determined that if the police are aware that they are being recorded, it is not unlawful for a citizen to film law enforcement officers in the discharge of their duties in a public space. Tucson creates new ordinance to deter aggressive 'First Amendment auditors' Carol Ann Alaimo Apr 27, 2020 Updated Jul 1, 2020 The new city ordinance is meant to dissuade provocateurs from showing. Fahey at State Police Headquarters. According to a report by The Daily Beast, the growing popularity of auditing videos online has led to "ruthless competition" between auditors, which incentivizes more dramatic videos. Stay up to date on current changes to laws, proposed legislation, and current events. In other words, library behavior and privacy policies can often supersede an individuals right to film or photograph the space. A few trends have already emerged: Anecdotally, there has been an increasing number of reports coming in from the Northeast in particular, she says, and reports are up compared with 2020. Attorney General Garland Announces Protections for Journalists, News Gathering. The city just settled the claim in May. Sergeant Kelley of the Weare Police Department pulled his cruiser behind Gerickes vehicle and activated his emergency lights. They are about the auditors right to openly film law enforcement personnel and other public officials as they perform their. Denver's Police Department has agreed to a $50,000 settlement with Colorado Independent Editor Susan Greene, whose First Amendment rights officers violated when they wrongfully handcuffed and . In limited public forums, staffers are only obligated to allow free speech that is consistent with the nature of that forum. Key Players Jason Gutterman is an alleged First Amendment auditor and owner of the Amagansett Press YouTube channel. The city also must create and publish a "roll-call video addressing the First Amendment right to record police . or other government facility or publicly owned space. As simple as walking into a public space with a camera and recording may seem, it truly has an impact. Here Support Our Mission On Feb. 24, 2020, a YouTube channel called Amagansett Press posted a 51-minute video of a man and his son entering the post office on a First Amendment audit to test their right to take video and photographs in public and from publicly accessible places. After police asked the man filming inside the post office to desist and leave the premises, the man threatened legal action, and the town of Silverthorne, Colorado, eventually agreed to pay a $9,500 settlement, as per Summit Daily News, a local newspaper serving Summit County, Colorado. June 15, 2022 There is evidence of the changes that First Amendment auditing has made both within the courtroom and on the street. NATIONAL POLL: Will You Vote For Trump A THIRD Time? Transcript of the hearing before the judge in the Berwyn case, wherein case was nolled. Please VISIT my social media accounts: I strongly believe in exercising our First Amendment rights in a respectful manner. Circuit of Appeals, Altaffer said. [2][3] Auditors believe that the movement promotes transparency and open government. Gericke filed suit under 42 U.S.C. Look as they try to intimidate and use force, but then cover up their badges and names because they dont want to be put on record. Read our full Disclosure. For example, an auditor in San Antonio was prosecuted and convicted of disorderly conduct after an audit. Turner had said he posts the videos to show unlawful arrests are an institutional problem. Colorado Springs to pay cameraman $41,000 after First Amendment audit of police, 1 killed in northeast Colorado Springs car crash, marking the 10th traffic fatality of 2023, Serious crash along Highway 24 on the west side of Colorado Springs Tuesday afternoon, WATCH - Colorado grocery and convenience stores to sell wine, Penrose Library reopened, deemed safe following further testing for meth residue, WATCH: Investigators looking into deadly deputy shooting near school. Again, Gericke refused. Since posting its first video in December 2018, Guttermans channel has amassed, as of October 18, 2020, over 200,000 subscribers and 250 videos, the majority of which containing interactions with law enforcement and public officials. And with all things, the results speak for themselves, and time and time again, audits have proven to be valuable in police reform. It doesnt make for an interesting video if nobody stops you or tries to argue with you over your right to video.. It is often categorized by its practitioners, known as auditors, as activism and citizen journalism that tests constitutional rights,[1] in particular the right to photograph and video record in a public space. We were following postmaster directions, Poster 7 and we believe the law as we knew it, Minor told Summit Daily. Library workers should take steps to limit an auditors ability to cause harm. Colorado law reads: 16-3-103. Macrina says that library workers should use their own networks to prepare for encounters. If you love what we do, please consider a $1/month donation to keep us live! If a First Amendment auditor is not violating any behavior policies, avoid engaging. Summit Daily News reported that lawyers from both sides met shortly after the incident to agree on a settlement. And money is their motive. Absolutely brilliant. Updated: November 7, 2022. One auditor stated that the goal of an audit is to "put yourself in places where you know chances are the cops are going to be called. Zelensky Exposed (Literally): This Is The Guy We Are Sending Billions To? 3. Transgender powerlifter JayCee Cooper has . We rely on our readers to keep our mission moving forward! The 1st amendment protects your freedom of speech and expression (including cuss words) and freedom of the press (who is anyone that collects information for dissemination to the public). The case of Glik v. Cunniffe is one of the more influential, and oft-cited cases in this line of jurisprudence. Anytime we leave an opening, they find it.. 0:57. That includes capturing and using peoples faces and confirmations, without their expressed consent. "[40] Auditors state that they seek to educate the public that photography is not a crime, while publicizing cases where officers illegally stop what is perceived as illegal conduct. This is a copy of the Internal Affairs complaint filed by LIA after being illegally trespassed from City Hall in New Rochelle, NY. Watch this brilliant piece of journalism right here safely on Rumble: Please share your thoughts about this article below. Auditing will likely always be rough around the edges because it involves boots-on-the-ground activism, and the movements funnel to change generally starts with a negative police encounter., However, the effectiveness of auditing, both as a social movement and within the courtroom, should not be understated, as it has significantly contributed to the national realization that our current policing system is dysfunctional.. The second officer went on to say Clayton was outside of a law enforcement facility acting suspiciously. The below tips are adapted from the ALA Office for Intellectual Freedom (OIF) blog post Auditing the First Amendment at Your Public Library by OIF Director Deborah Caldwell-Stone. Label all private spaces. Written policies can help staff members regulate behavior in a manner that respects every persons right to privacy and safety. When he refused, Silverthorne police officers were called to intervene, leading to a lengthy and somewhat contentious exchange between Gutterman and the officers, according to Summit Daily News. Auditing can be controversial due to the confrontational tactics of some auditors, which has been criticized as intimidation or harassment. On a quick side note, The Battousai is the "Turner " behind the case Turner V. Driver.. United States Court of Appeals, Fifth Circuit. Figure 1. cy. 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