This is (omitted), reporter with (omitted) I’m working on a story this week about a visitor policy adopted by the city of Amsterdam restricting public access at all municipal buildings.
For the most part, the public can only access government buildings to conduct business or if they have an appointment with a city employee or official.
The policy prohibits taking photographs or recording video and audio without permission in all city buildings. The only exception is for scheduled public meetings.
I’m wondering if you would be willing to comment on the visitor restrictions and prohibitions on photography and recording of video/audio and their potential to limit open government or infringe on public rights. I’ve copied the text of the visitor policy below in case you would like to review it.
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CITY OF AMSTERDAM VISITORS POLICY FOR CITY HALL AND OTHER CITY- OWNED BUILDINGS AND PROPERTIES
(Adopted via Resolution 23/24 July 2, 2024)
I. Consistent with decisions of the U.S. Supreme Court, public access to areas within enclosed facilities owned, controlled, and leased by the City of Amsterdam that the city utilizes for its purposes may be restricted depending upon whether such areas are classified as “designated public forum,” “limited designated public forum,” or “nonpublic forum.” How areas within enclosed facilities owned, controlled, and leased by the City of Amsterdam are classified is based upon their intended use. For example, there are certain areas which are intended primarily for the use of city employees in the conduct of their business; there are certain areas which, while primarily intended for the use of city employees in the conduct of their business, may from time to time be utilized for the convening of public meetings; there are certain limited areas which may be open to the public while engaging in legitimate business with city officers or employees; and, there may be certain areas which are primarily intended for the convening of public meetings and/or gatherings.
II. The Mayor manages public access to enclosed city-owned, controlled, and leased property that the city utilizes for its purposes. In the performance of such responsibilities, the Mayor has the authority to identify which areas are to be considered designated public forum[s], limited designated public forum[s], or nonpublic forum[s].
III. Upon the classification of areas within enclosed city-owned, controlled, and leased property that the city utilizes for its purposes, the Mayor, subject to the availability of appropriated funds, may employ whatever means he/she deems necessary and appropriate to separate designated public forums from nonpublic forums, including, but not limited to, the use of physical barriers and signage. The Mayor may develop and implement procedures to regulate and control public access within city-owned, controlled, and leased property to provide for the security and privacy of public visitors; to provide for the security and privacy of city employees and officers, and to minimize potential disruptions to the work of city government. Any person who engages in conduct that causes disruptions to the work of city government shall be deemed to no longer be present within city-owned, controlled, or leased property on legitimate public business.
IV. The following areas of city-owned, controlled or leased buildings that the city utilizes for its purposes are considered nonpublic forum areas. Citizens that wish to enter these areas must have an appointment with an employee that works in the area
or they must have business with a city department that is located in the nonpublic forum area. It shall be a violation of this Order to be in a nonpublic forum without authorization. Unauthorized persons found by the Mayor or his/her designee to be within a nonpublic forum and who refuses to leave the premises upon request to do so, shall be considered a trespasser. For such conduct, law enforcement, at its option, at the request of the city, may issue a trespass warning notice, followed by such criminal legal action as law enforcement deems proper.
The following areas are considered nonpublic forum areas:
a. City hall. The conference rooms in City Hall are hereby declared nonpublic forums unless or until a public meeting is convened in such area pursuant to such notice. All city employee work areas within City Hall, including the Mayor’s Office and Office of the City Controller, are designated as work areas and shall be considered as nonpublic forums. All portions of the second floor of City Hall, except for the Council Chambers when the Common Council is in session, are considered nonpublic forums. All portions of the third floor of City Hall are considered nonpublic forums. Members of the public are prohibited from entering nonpublic forums and city employee work areas without being escorted by a city employee.
b. Police department. All areas beyond the lobby are considered nonpublic forums and members of the public are prohibited from entering any of these areas without being escorted by a city employee.
c. Fire stations. All areas beyond the administration lobby at the headquarters fire station are considered work areas and are nonpublic forums. The entirety of all other fire stations are considered work areas and are nonpublic forums. Members of the public are prohibited from entering these areas without being escorted by a city employee.
d. Public Works Facility. Members of the public are prohibited from entering
these areas without being escorted by a city employee.
e. Public utilities facilities. For the safety of the general public and staff, all public utility facilities, including buildings, pump stations, water towers properties, storage yards and maintenance areas (whether fenced or not), are considered work areas and are nonpublic forums. Members of the public are prohibited from entering these areas without being escorted by a city employee.
f. Parks and recreation. Recreation administration facility. Members of the public are prohibited from entering these areas without being escorted by a city employee.
g. Amsterdam Municipal Golf Course. All areas marked as staff or office areas within the clubhouse area are considered work areas and are nonpublic forums. Members of the public are prohibited from entering these areas without being escorted by a city employee. Playing areas of the course are considered public areas for the purposes of this section therefore there is no expectation of privacy by staff or public.
All public parks are considered public areas for the purposes of this section, with the exception of restroom or storage facilities. There is no expectation of privacy by the staff or public.
For the safety of the public and staff, maintenance facilities at all park and recreation facilities are considered nonpublic work areas and are nonpublic forums. Members of the public are prohibited from entering these areas without being escorted by a city employee.
V. Except within the city council chambers, City Annex Building, and other locations in which a public meeting is being conducted pursuant to a public notice, it shall be unlawful and a violation of this Order to photograph and/or record with video and/or sound within city-owned, controlled, and leased property that the city utilizes for its purposes, without the consent of all persons whose voice or image is being recorded. This prohibition shall not apply to any law enforcement activities by law enforcement personnel. In addition to being a violation of this Order, if anyone is observed to be photographing, videoing and/or recording sound within city-owned, controlled, or leased property, without the consent of all persons whose voice or image is being recorded, and such person refuses to cease activity after being advised that such activity is prohibited under this Order, such refusal shall be considered to be a disruption to the work of city government. Therefore, such persons shall be deemed to no longer be present within the city-owned, controlled, or leased property that the city utilizes for its purposes on legitimate public business. The Mayor and his/her designees are hereby authorized on behalf of the City of Amsterdam, NY to request any person who refuses to cease the unconsented to photographing, videoing and/or sound recording to immediately leave the premises. Any person who refuses to cease the unconsented to photographing, videoing and/or sound recording, and refuses to immediately leave the premises following the request of the Mayor or his/her designee to do so, shall be considered a trespasser. Law enforcement, at its option, at the request of the city may issue a trespass warning notice, followed by such criminal legal action as law enforcement deems proper.
VI. Video and Audio Recording at City Hall: The use of video and audio recording equipment in nonpublic forums of City Hall is prohibited. In addition, for those areas within City Hall that are open to the public to conduct business, the use of video and audio recording equipment is prohibited.
VII. This Policy shall take effect immediately
It is truly an outrageous disservice to the public that the City of Amsterdam has restricted public access to City Hall and other municipal buildings. An appointment should not be required for people to conduct business at a public building. Nor should people’s First Amendment rights to record or take pictures in public spaces be restricted.
Oftentimes, government officials do not respond to phone calls or emails, and now, people who go to City Hall will be turned away and told to schedule an appointment; this is a terrible way to conduct public business. It’s a terrible way to treat the people who pay taxes for the government officials and buildings they can no longer freely speak with and enter.
Adopting such policies is a complete overreaction on the part of city officials and just another example of how Democracy and freedom are dying a slow death. Elected officials should be advocating for transparency by welcoming the public not restricting access to public buildings and treating the public as their adversaries.
