Amsterdam Adopts New Building Access Rules After “First Amendment Audit”

In the wake of a recent incident involving a YouTuber conducting a “First Amendment audit” at City Hall, the city of Amsterdam has implemented a new visitor policy for all municipal buildings. Officials say the measure is a necessary security step to safeguard city employees and maintain order.
The policy, which was formally adopted by the Common Council last week, designates certain areas of city facilities as “nonpublic forums” that can only be accessed by those with an appointment or official business to conduct. It also prohibits photography, video recording, and audio recording throughout the buildings without permission from all individuals whose images or voices would be captured – except scheduled public meetings.
“It’s very important to keep our city employees safe and allow them to do the work they need to do every day,” said Deputy Mayor and 1st Ward Alderwoman Kelly Quist-Demars. “This policy is a long time coming.”
However, the new restrictions have drawn criticism from legal experts, who argue that such “blanket bans” on recording are likely unconstitutional and “extremely susceptible” to legal challenges.
“I don’t think this is, practically speaking, the way to address the problem, and also, it happens to not be legally acceptable,” said Attorney Daniel Novack, a former chair of the New York State Bar Association’s Committee on Media Law.

The impetus for the policy was an incident in which a YouTuber operating the “NY State Audit” channel visited Amsterdam’s City Hall, roaming all three floors and recording interactions with staff. In the video he posted online, the YouTuber repeatedly declined to identify himself or explain his purpose, despite employees asking him to stop filming without permission.
“He knows the boundaries and does what is up to the threshold of what he is legally able to do, but his purpose is more to aggravate people who work in municipal buildings,” said Amsterdam Police Lt. Joseph Spencer.
While the YouTuber was never asked to leave or charged with a crime, some city staff members felt unsafe and uncomfortable being unexpectedly recorded.
“Some of his interactions with City Hall staff, he caught them off guard and they were uncomfortable with being recorded. It’s definitely outside of what they normally encounter, so they called us and we responded to assist without knowing his full intentions,” Spencer explained.
Proponents of so-called “First Amendment audits” claim the practice promotes transparency and accountability in government. However, critics argue that auditors are often aggressive, seeking to bait or harass public employees.
Officials say the new visitor policy is intended to protect the personal information of residents conducting city business, as well as ensure the safety and privacy of municipal workers. However, some aldermen have expressed concerns about the policy’s legality and potential impact on open government.
“I certainly don’t have a problem with anybody going into a public place funded by the public, but I do think the safety of employees should be paramount,” said 4th Ward Alderman Christopher Carpenter.
The policy was initially enacted through an executive order signed by Mayor Michael Cinquanti on June 19, before being formally adopted by the Common Council. Cinquanti said his goal is “to protect our city employees’ safety and their right to privacy while at work, when and where they are entitled to that privacy.”