48:59
Private-Public Property”? Security Makes It All Up!
I.A.M. Free - Inland Auditing Media
Overview
This video documents an independent journalist's attempt to access public records and document maintenance issues at the Spokane Transit Authority (STA). The journalist encounters resistance from STA security personnel who question his presence, identity, and intentions, particularly regarding his filming in what they claim is private property. The core of the conflict revolves around the interpretation of STA's status as a public benefit transportation area (PBTA) versus private property, and the journalist's right to film in open access areas based on Washington state law. The interaction highlights a clash between the public's right to information and the perceived security concerns of a public agency.
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Chapters
- The journalist arrives at the Spokane Transit Authority (STA) to investigate alleged records act violations and vehicle maintenance issues.
- He attempts to inspect the public procedures manual and records index, which are supposed to be prominently displayed.
- STA staff indicate the relevant personnel (Carrie) is located elsewhere and the documents are not readily available at the administrative office.
- The journalist clarifies that STA is a Public Transportation Benefit Area (PBTA), which he asserts makes it public property, not private.
This chapter establishes the journalist's objective and the initial bureaucratic hurdles encountered, setting the stage for the conflict over access and information.
The journalist asks to see the 'procedures manual' and 'index for public records' at the STA administrative office, but is told the person in charge is at a different location and the documents aren't available.
- The journalist enters an area with fencing and barbed wire, which security personnel identify as restricted due to potential vandalism and vehicle storage.
- Security claims the area is considered trespassing, despite the lack of clear 'no trespassing' signage.
- The journalist argues that fences alone do not constitute a restriction on access, citing public parks as an analogy.
- He states he is documenting the maintenance condition of vehicles for a story and is being paid for his work, not doing it as a hobby.
This section highlights the differing interpretations of 'restricted access' and 'trespassing,' illustrating how physical barriers and perceived intent can lead to conflict.
A security guard points to a fence with barbed wire and states, 'it is a pretty restricted access area,' while the journalist notes, 'the open fence kind of makes it' ambiguous.
- The journalist asserts that STA, as a PBTA defined by RCW 36.57A, is public property, akin to city hall, and not private.
- Security personnel maintain that the facility is private property, despite STA being a PBTA.
- The journalist cites specific Revised Code of Washington (RCW) statutes regarding trespassing and defenses against it, arguing no restrictions were posted.
- He explains his journalistic authorization stems from the First Amendment (press) and property rights, not just transit authority permissions.
This chapter delves into the legal basis for the journalist's presence, emphasizing the critical distinction between public and private property in the context of access rights.
The journalist references RCW 36.57A to define STA as a Public Transportation Benefit Area, stating, 'It's public. It's just like city hall.'
- Security personnel express concern over the journalist hiding his identity (wearing a mask and sunglasses) and not immediately disclosing his affiliation.
- The journalist explains his reasons for wearing a mask relate to personal freedom, mocking government overreach, and concerns about fusion centers and data collection.
- A confrontation arises when security implies the journalist might be 'scoping out' vehicles, leading to a discussion about potential physical contact and false imprisonment.
- The journalist clarifies he is documenting theft issues and public funds being wasted, not casing vehicles.
This section explores the human element of the conflict, where suspicion about identity and intent fuels the escalation, despite legal arguments.
A security officer states, 'The fact that you're hiding your identity is also kind of a red flag.'
- The journalist acknowledges signage like 'no pedestrian traffic' or 'maintenance vehicles only' would clearly define restrictions.
- He argues that in the absence of such clear signage, the area is lawfully accessible to the public.
- Security personnel emphasize the 'spirit of the law' and the presence of private vehicles, expressing discomfort with an unknown individual filming them.
- The journalist counters that subjective 'spirit' should not override objective liberties and freedoms defined by law.
This chapter highlights the tension between a literal interpretation of laws and regulations versus a more subjective understanding based on context and perceived intent.
The journalist points to an area with an exit sign but no restriction signage, contrasting it with a clearly marked 'no pedestrian traffic' sign at another bay.
- A parent confronts the journalist, upset about a perceived comment regarding his son, leading to a heated exchange.
- The journalist defends his actions, explaining his work involves investigating issues important to locals, including government waste and potential record act violations.
- He reiterates his belief that STA is a public agency and his filming is lawful, offering to wait for police if they wish.
- Ultimately, the journalist concludes his filming, thanks the security personnel for their professionalism, and departs, noting the police were not called.
This concluding chapter shows the personal impact of the journalist's work and reinforces his commitment to pursuing stories despite potential personal and professional friction.
The journalist states, 'If another adult attempts to impede my liberties to do the work that I'm doing, I'm not going to put up with it,' in response to the parent's confrontation.
Key takeaways
- Public agencies, even if privately operated or funded, are generally subject to public records laws and greater transparency requirements than private companies.
- The definition of 'trespassing' often relies on clear signage or explicit communication of restricted access, not just the presence of fences or perceived privacy.
- Journalists have a right to film in public spaces and areas accessible to the public, protected by the First Amendment, though specific limitations may apply.
- Disagreements over property status and access rights can be complex, requiring knowledge of relevant statutes and legal definitions.
- Security personnel and the public may have differing interpretations of what constitutes suspicious behavior versus legitimate journalistic activity.
- The journalist's choice to wear a mask and maintain a degree of anonymity is explained as a personal stance against government overreach and data collection, rather than an admission of wrongdoing.
- Effective communication and de-escalation tactics are crucial when interacting with security or law enforcement, even when asserting legal rights.
Key terms
Public Records ActPublic Transportation Benefit Area (PBTA)Revised Code of Washington (RCW)TrespassingFirst Amendment (Press)Fusion CentersFreedom of Information Act (FOIA)Public AgencyPrivate PropertyJournalistic Privilege
Test your understanding
- Under Washington state law, what criteria typically define an area as 'trespassing' for a member of the public?
- How does the classification of an entity as a Public Transportation Benefit Area (PBTA) impact its legal status regarding public access and records requests?
- What are the journalist's stated reasons for wearing a mask and sunglasses during his investigation?
- Explain the journalist's argument regarding the difference between the 'spirit of the law' and the 'objectivity of true liberties and freedoms' in the context of his interaction with security.
- What legal protections does a journalist typically rely on when filming in public spaces or areas accessible to the public?