Filming in Work Zones
Question:
What can we do about people entering work zones to film and record workers?
Answer:
This is known as a First Amendment audit where private citizens feel they improve transparency by recording work being done by the government. Private citizens have the right to record from publicly accessible places, they don’t have the right to interfere with government employees performing government work. Therefore, they can stand on the sidewalk or in a public parking lot and film from a safe area. They cannot impede work or enter an area that is private or unsafe. Inside a work zone is NOT an acceptable place for them to film, nor is an open lane of traffic.
One of the keys is to avoid confrontation. Be calm. Many of these individuals are looking for something “worth” filming, and getting angry on camera is counterproductive.
While there is no hard and fast rule, here are some steps you can take to keep everyone safe and work productive.
- Have the board set a policy which is based upon safety and privacy and lists locations on government property that are NOT accessible without an appointment. Should also list locations that are not accessible during active work periods such as an active work zone or machine shop area.
- Be sure to include a note that the individuals cannot interfere with highway work.
- A buffer space is an acceptable item to include. For instance, you could note with signage “authorized personnel only” (and never inside the work space defined by the cones).
Resources:
Responding to First Amendment “Audits” in the Local Government Context