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Independent journalist sues NYPD over right to film in police precincts
By
Samantha Max
Published Jul 24, 2023
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Long Island Audit YouTube screenshot
By
Samantha Max
Published Jul 24, 2023
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An independent journalist who was arrested twice this year for filming inside two Brooklyn NYPD precincts sued the city on Monday, arguing a policy that bans filming in police stations violates local, state and federal law.
SeanPaul Reyes, who goes by "Long Island Audit" on social media, has amassed hundreds of thousands of followers on YouTube, Facebook and TikTok by filming himself in government buildings to test whether officials will allow him to exercise his First Amendment rights. Often, the officials call the police to remove him instead.
The videos of his tense encounters with government employees and law enforcement have racked up millions of views. While critics have accused him of provoking arguments for clicks, Reyes, 32, considers himself a journalist and a constitutional activist, filming in order to hold public officials accountable and to educate his viewers about the laws and their rights.
“This is not just about my rights. This is not about the individual,” he said at a press conference Monday. “This is about we, the people’s, rights.”
A spokesperson for the law department said city lawyers will review the case. The NYPD did not immediately respond to a request for comment.
Recently, Reyes has turned his attention to the NYPD. The Suffolk County resident has visited several police precincts throughout the city and questioned officers about signs that hang in the lobby warning members of the public that recording and photography inside the building are prohibited.
Reyes was arrested while videotaping at the 61st precinct in April and at the 75th precinct in June. The Brooklyn DA’s Office dismissed the first case, according to a letter filed as part of the lawsuit. Reyes still faces charges of trespassing and obstruction of government administration for the second arrest, according to court records. The DA’s office declined to comment.
“I was arrested because I refused to stop recording inside of a precinct. Where is the transparency in that?” Reyes said in an interview with Gothamist earlier this year. “There is no legitimate purpose for not allowing the public to record in a police station lobby.”
The NYPD instituted its no-recording policy in 2018, after a man filmed himself cursing out officers inside a Harlem station house. The patrol guide now instructs officers who observe someone recording or taking photos in NYPD buildings “to stop such activity” and to order them to leave the premises if they won’t stop. If the person refuses to leave, the policy states, officers are permitted to arrest them for trespassing.
In 2020, the City Council passed the Right to Record Act, which was meant to protect people who film the police — even inside of precincts. But the NYPD has continued to enforce its ban, arguing that it’s necessary to protect the privacy of people who come in and out of the building and to maintain the integrity of criminal investigations.
Reyes’ lawsuit, filed by the advocacy group LatinoJustice claims the NYPD policy violates the Right to Record Act, as well as the state civil rights law and the First Amendment of the U.S. Constitution. It also argues that the department broke the Citywide Administrative Procedures Act, which requires agencies to follow a certain process when they write new policies.
The suit does not seek monetary damages. Instead, it asks the NYPD to allow people to film in public areas within NYPD precincts and to hang signs in the lobby letting visitors know that they can.
“Recording the police has become a crucial accountability and safety tool, particularly for marginalized communities,” the lawsuit states. “Any interaction in which a person cannot independently record law enforcement is inherently unsafe.”
Tagged
nypd
public safety
brooklyn
Samantha Max
Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.
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