GRAND HAVEN — Downtown Grand Haven — in the middle of the hustle and bustle of Coast Guard Festival — was the latest site visited by so-called First Amendment auditors.

Under First Amendment “audits,” when individuals go to public spaces, such as police stations, city halls and libraries, to seek out First Amendment violations, have been happening for years. But according to the American Library Association’s (ALA) Office for Intellectual Freedom (OIF), these “audits” have become more aggressive since the start of 2021. 

In First Amendment audits, individuals arm themselves with video cameras, proclaim themselves “auditors,” and enter public buildings, like police precincts and libraries, to record alleged Constitutional violations, then post them on social media — often for profit.

As of Thursday, July 31, however, Grand Haven Public Safety Director Nichole Hudson said there were three non-emergency calls made to the police department involving the group.

“We received three separate complaints about one group of individuals filming in the downtown Grand Haven area. Officers made contact with the subjects that were identified as the ones filming,” she said. “The interaction was pleasant and professional, as expected, and there were no further incidents or issues.”

Earlier in the week, downtown businesses were made aware by Downtown Development Director Chandi Pape that the group would be in town. 

The auditors are known for filming in public spaces, including the exteriors of businesses and storefronts, with the intent to provoke a reaction that they record and share on social media platforms, she said. 

“While this behavior can feel intrusive or uncomfortable, it is legally protected under the First Amendment as long as it occurs in public spaces and does not interfere with business operations,” Pape said in the statement. 

“Our best recommendation is to remain calm, courteous, and professional. You are not obligated to answer their questions, especially if they appear intended to escalate a situation. We suggest simply continuing with business as usual. Do not engage in debates or arguments. The more uneventful the encounter, the less likely the footage is to gain traction or misrepresent our community.”

Pape was out of the office on Wednesday, July 30, but said she hadn’t been made aware of any incidents. A call and email to the Grand Haven Public Safety Director Nichole Hudson were not immediately returned. 

Libraries targeted; Loutit prepares

According to the American Library Association’s (ALA) Office for Intellectual Freedom (OIF), these “audits” have become more aggressive since the start of 2021. 

As of early Thursday, July 31, the group had not yet made a stop at Loutit District Library.

The library’s Executive Director Ellen Peters said the local library is ready for potential visits. 

"We were aware of what their operation is and what they do," said Peters. "We are a public place. They're allowed to come here and operate as any other person would in a public place. They're allowed to bring in video or audio recording devices; they're allowed to tour around the library and in fact, we'd be happy to give them a tour, but they have to abide by the customer code of conduct, as does any other person who comes into the library."

Peters said as long as they do not "harass any of our other customers or staff and don’t hinder staff from carrying out their duties” they are welcome.

"They have to stay in the public areas," she said, "and they should hesitate from taking any video of children without their parents' consent."

The library's primary concern remains the well-being of its patrons, she said.  

"If they ever disturbed our customers, then that's a different story. Then we have an obligation to our customers to make sure that they have a good experience while they're here, and so we would intervene at that point."

If the group does come by the library, Peters said they are “prepared.” 

"We have nothing to hide. We're proud of our library, and we're happy to show them around. That's kind of how we would approach if they came in,” she said. “We'd welcome them to our space."

— Heather VanDyke covers northern Ottawa County for the Ottawa News Network. Contact her at hvandyke@ottawanewsnetwork.org.