SeanPaul “Long Island Audit” Reyes was found guilty of trespassing in the Schenectady, New York, City Hall, last Thursday based on his actions in the city hall on April 1, 2024.
On that day, Reyes bypassed security and entered the building, making his way to Schenectady Mayor Gary McCarthy’s office. He was told that the mayor was unavailable and was invited to make an appointment to meet with the mayor at a later time.
Reyes left the office and wandered around the building until he passed a security guard, who questioned him as to why he was filming. The YouTuber escalated the encounter, refusing to stop recording while following the guard back to his security station.
Eventually, Reyes was given the option to stop recording or else he would be trespassed from the building. Reyes again stated that it was his constitutional right to record and that he could not be arrested for recording the police. He was then arrested for trespassing.
Recording has been prohibited within the Schenectady city hall for years due to an executive order from Schenectady Mayor Gary McCarthy. The city hall has a reputation for prosecuting other first amendment auditors who attempted to record in the building.
Reyes’ feigned surprise at his arrest for filming in the building is countered by his own actions. He had announced his arrest in both the title and description of his April 1 livestream and had set up a GoFundMe to fund his legal defense before entering the Schenectady city hall and being arrested.
Upon release later the same day, Reyes indicated that he was now suing the state of New York over the arrest and would be seeking a large settlement. If this was meant to dissuade prosecution, it failed as New York State carried through with its prosecution of Reyes.
Prior to the trial. Reyes made a case in his YouTube streams and videos that he couldn’t be trespassed from the building as he had been exercising his right to film police in their course of their daily activities, which is legal under New York State’s so-called “Right to Record” law.
He also claimed that city court Judge Teneka Frost could not fairly judge the case as she was appointed to her position by Mayor McCarthy. He urged her to recuse herself when she refused to strike down McCarthy’s executive order based on motions he filed before his trial.
In her ruling, Judge Frost relied on a previous New York State Supreme Court case which had been ruled on in August, that found McCarthy’s executive order was valid and constitutional. That case had been brought by Daniel “Auditing Erie County” Wormus who challenged the executive order after his own arrest in the building.
The GoFundMe for the arrest has brought in $2,433.00 out of a $10,000.00 goal since its April launch. Reyes was fined $370.00 for the trespassing charges. He has vowed to appeal.
