DELAND, Fla. – A new city policy in DeLand states that video or audio recording inside the police department’s lobby is not allowed.
The city commission voted on the new rule this week after reporting an increase in incidents with “First Amendment auditors,” people who exercise their right to record video in public places.
The city told News 6 that many residents come into the lobby to speak with DeLand police about a crime or to file a report, and while they may be taken to another room to discuss details, they have to tell receptionists why they’re visiting.
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The city said several “auditors” have been recording some of those conversations in the lobby. Police gave News 6 a copy of one of their surveillance videos in which a man can be seen standing a few feet away from the receptionist’s window while a resident tries to approach.
The resident could then be seen growing frustrated and knocking the “auditor’s” camera over.
“I was there actually making a public records request,” said Steven Sanders, the “auditor” seen in the video. “I just wanted to record in constant in case something was missed.”
The city said while the public has the right to record in public places, there needs to be an expectation of privacy when residents are reporting sensitive matters.
“They may not be focusing on that individual, but that interaction, that conversation, is being picked up on video,” said city spokesperson Chris Graham. “Victims of crimes, God forbid someone who has been sexually assaulted or who maybe witnessed a crime, are coming into the office to tell our officers about that. They have some expectation of privacy.”
Some are fighting back against this policy.
News 6 spoke with Bobby Block, executive director of the First Amendment Foundation in Tallahassee.
“It’s my First Amendment right to do so. So I believe while I understand the concern here, I think the law is ill-advised,” he said. “I do not think it would pass constitutional muster, and I think the courts would strike it down.”
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