Effective 10/28/24

Administrative Order Prohibiting Video Recording Without Consent

Effective 10/28/24 at 8:00 a.m., no one may video record without the consent of all persons whose voice or image is recorded, within eight (8) feet of entrances or inside the Englewood Civic Center, Pirates Cove, or other buildings owned and operated by the City of Englewood (collectively “City buildings”).

Exceptions

• This Order shall not apply to:
  1. Any room during a meeting subject to the Colorado Open Meetings Law;
  2. Law enforcement and other City public safety officials while performing their official duties;
  3. Recording of law enforcement officials while performing their official duties;
  4. Security cameras; or
  5. Recording which is otherwise specifically authorized, required, or prohibited by applicablelaw or Court order, including regarding Englewood Municipal Courtroom, pursuant to theCourt’s June 16, 2017 Standing Order Regarding Electronic Devices in Courtroom.
• Any party renting space within a City building may modify this Order within the rental space, duringthe rental period.

Findings of Fact

This Order is issued pursuant to the City Manager’s authority granted by Section 52 of the City of Englewood Home Rule Charter, EMC 11-4-2, EMC 11-4-3, and Colo. Rev. Stat. 18-9-110(3). This Order sets forth reasonable rules and regulations applicable to the use of City buildings, or areas which are not traditional public forums, as follows:

Englewood Civic Center; Police Department

• Forum Analysis: Except for any room during a meeting subject to the Colorado Open MeetingsLaw, the interior spaces of these buildings, including office spaces and lobbies, are not traditionalpublic forums. These areas primarily serve as administrative offices for City business and waitingareas for government services and municipal operations.
• Disruption Caused by Nonconsensual Filming: Unauthorized video recording in these facilities candisrupt the efficient and orderly operation of City business. It may also compromise employeesafety, create a hostile work environment, obstruct emergency access routes, invade the privacyof members of the public seeking police or other municipal assistance, and impede the generalpublic's ability to conduct City business.

 Pirates Cove, Malley Recreation Center, Recreation Center

• Forum Analysis: Pirates Cove, the Malley Center, and the Recreation Center are also considered nonpublic forums, primarily serving as recreational facilities managed by the City. These facilities are open to the community subject to a fee for the enjoyment of unobstructed access to City recreation activities, including a water park, fitness classes (yoga, Pilates, line dancing), and other City-sponsored events. These areas are not intended to be public forums open to expressive activity.
• Disruption Caused by Nonconsensual Filming: Nonconsensual filming at recreational facilities can invade the privacy of minors and other patrons. It can create safety concerns, disrupt the recreational environment, and interfere with the facility's management and operations.

Public Library

• Forum Analysis: The public library, while offering some elements of a designated public forum due to its role in providing public access to information, is also not a traditional public forum regarding its administrative and operational areas.
• Disruption Caused by Nonconsensual Filming: Filming without consent in the public library can violate the privacy of patrons, particularly minors. It can also disrupt the quiet and conducive environment necessary for reading and studying, impede library operations, and pose safety and security risks.

Other City Buildings: ServiCenter, Allen Water Treatment Plant, and South Platte Renew

• Forum Analysis: Other City-owned buildings, including ServiCenter, Allen Water Treatment Plant, and South Platte Renew, are secure facilities that house administrative offices or public service facilities. These are nonpublic forums intended for specific governmental functions.
• Disruption Caused by Nonconsensual Filming: Unauthorized recording in these buildings can disrupt administrative functions, compromise the security of critical infrastructure, and interfere with emergency procedures.

The purpose of this Order is to:

• Ensure the efficient and orderly operation of City business within nonpublic forums.
• Safeguard employee safety and provide them a work environment free of harassment.
• Maintain emergency access and evacuation routes.
• Preserve public access to City services and meetings without hindrance.
• Protect the safety and privacy of minors and other vulnerable individuals using City facilities.

Violations of this Order disrupt, impair, interfere with, and/or obstruct the lawful missions, processes, procedures, or functions being carried on in the City building.

Notice

This Order shall be prominently posted in public areas within City buildings.

Recording in Public Areas

Consistent with First Amendment protections, this Order does not impact the lawful use of any video recording device on public sidewalks, including those adjacent to City buildings, provided that those recording (1) must remain eight feet from all public entrances; (2) are not blocking, interfering with, or impeding the rights of others to freely and safely enter and exit or otherwise conduct business, regardless of distance from an entrance; (3) shall not occupy or block fire or emergency exits/lanes/access, vehicular parking spaces, or lanes for vehicular travel; and (4) must comply with all other applicable laws.

Violations

Any City staff and/or City-hired private security shall request anyone violating this Order to leave the City building and may issue a City Ejection and/or Exclusion Order. Refusal to vacate the City building upon request, or returning in violation of an Exclusion Order, may constitute a violation of law that may be criminally prosecuted. See Colo. Rev. Stat. 18-9-110(3), Colo. Rev. Stat. 18-4-504.