Village considers limiting audio, visual recording on government property

Kings Point officials are considering a proposal that would limit when and where people can record on village property, but some open government advocates say such a local law could impinge on the rights of citizens.

The proposed law states that no one can make an audio or visual recording inside of any village building without authorization from the mayor and village clerk unless a public hearing or meeting is taking place.

It says that anyone wanting to record a public court session needs written permission from a court administrator that must be provided to a court clerk at least two days earlier.

Additionally, it states that any permitted recording should be performed in a manner that does not interfere with the orderly conduct of a public meeting or court session.

Village officials were slated to vote on the ordinance at the March 14 board meeting, but tabled the measure for consideration on April 3.

Mayor Kouros "Kris" Torkan and trustees Hooshang Nematzadeh, Tedi Kashinejad and Shahriar Victory did not return Newsday's requests for comment. Trustee Ira S. Nesenoff declined to comment.

The village’s counsel, Stephen G. Limmer, told Newsday last week that the proposed law was prompted by reports that people were walking around Kings Point Village Hall and in municipal buildings taking pictures of people in areas that aren't public spaces.

But Limmer said he had concerns the measure wouldn't pass legal muster.

“I received a copy from the village clerk of an email saying that it was unconstitutional, so we tabled it until I research the issue,” the village attorney told Newsday.

The New York Civil Liberties Union has expressed opposition to the proposed law. Justin Harrison, the agency's policy counsel, told Newsday he notified village officials about the NYCLU's objections before the planned March 14 vote.

“The proposal itself would eliminate all photography and videography in all public buildings owned by the town, and that’s simply too far,” Harrison told Newsday.

He said there's a way to protect employees' privacy while not violating the rights of the public, but this proposed law isn't it.

Daniel Novack, co-chair of the New York State Bar Association's committee on media law, told Newsday the number of local governments that have been proposing laws to restrict access to public records has increased, and legislation such as the proposed measure in Kings Point could limit access to buildings where people could see such records.

“You can’t just wave a wand and make things nonpublic,” he said.

Novack noted that there are some places in government buildings, such as a judge’s quarters or bathrooms, that should be considered private areas.

“It’s always been a common-sense approach," he said. "When the work is public and people have a right to be there, generally there’s no reason to restrict them from audiovisual coverage, unless there’s some particular sensitivity.”

The proposal also says that any violators may be required to leave the building for the rest of the day, or be prohibited from bringing recording devices — including cellphones — into a village building for 30 days, or be subject to other penalties in the village code.

Novack said anything that discourages members of the public from exercising their First Amendment rights is unconstitutional.

He said that governments that pass these types of laws could end up facing costly litigation.

Jake Forken, an attorney with New York State Committee on Open Government, said he had cause for concern that the proposed legislation could ban someone who was found to have violated the measure from attending a future open meeting.

“If that person wanted to attend an open meeting in the 30-day period, I don’t think they can be banned from doing so," he said.