First Amendment auditor claims sheriff deputy attacked him at Lebanon County courthouse

(Lebanon) — A man facing criminal charges for his conduct in the Lebanon County courthouse says he was “attacked” and injured by a Lebanon County sheriff’s deputy and other law enforcement officials.

His claims are drawing attention thanks to a video he posted to YouTube showing the beginning of the incident.

Harrisburg resident Charles Lanza conducts “First Amendment audits” – videos taken by a loosely organized group of civil rights activists who claim there is a Constitutional right to film inside public buildings. The activists are frequently involved in verbal confrontations with public officials, and experts question the extent to which a right to film inside a public building can be lawfully exercised.

But when Lanza entered the Lebanon County courthouse on Feb. 15 to attend a county commissioners meeting, he got more than he bargained for.

 

“Give me your phone”

The cell phone video published on YouTube shows Lanza enter the courthouse at 400 S. Eighth St. from the parking lot side and greet a uniformed sheriff’s office sergeant standing at the top of the steps. Inside, a woman who handles courthouse security screening asks Lanza what he is doing.

“What do you mean?” asks Lanza, who is still filming.

“Put your cell phone down, please,” the woman says.

Another voice, presumably that of the sergeant, says “No, no, no, no. Give me your phone.”

The picture on the video then goes blurry and eventually cuts to black, and it appears that a struggle for control of the phone was occurring.

According to a criminal complaint filed by Lebanon police, Lanza “refused the lawful request of (Deputy Sheriff Bradley Seyfert) who then attempted to place him into custody.”

“Defendant struggled with (Deputy) Seyfert who had to guide him to the floor to effect an arrest on him,” the complaint states.

In the YouTube video, Lanza shows bruises to his wrists and hands he claims to have obtained during his arrest. He also suffered a concussion from being “thrown head first into the concrete” by law enforcement officers, according to a text description he wrote below the YouTube video.

The video has nearly 7,000 views and has been republished on channels of at least two other “First Amendment auditors” with even larger followings.

Lanza was incarcerated at Lebanon County Correctional Facility for one day and then released on $10,000 unsecured bail, according to court documents. He faces charges of disorderly conduct and resisting arrest.

 

“He overreacted”

Lanza is no stranger to controversy – in other videos on his YouTube channel, he says he is currently involved in four separate lawsuits. However, he had never previously been “attacked” for filming, he told the Lebanon Daily News.

The sheriff’s office is responsible for courthouse security. Sheriff Bruce Klingler said he would not comment because of the ongoing criminal case against Lanza that involves personnel in the sheriff’s office.  

Martin Barondic, a frequent critic of Lebanon County government, told the county commissioners at an April 5 meeting he does not believe the sheriff’s deputy handled the situation properly.

“He overreacted,” Barondic said. “If (Lanza) was looking to draw attention to himself or his cause, man, your deputy played right into his hands.”

Commissioner Jo Ellen Litz said Lanza “got caught up in” a “heightened alert that day for other reasons.”

The county commissioners have no authority over the actions of the sheriff’s office, which is an independently elected branch of county government.

 

First Amendment right?

Lanza’s interest in “First Amendment audits” began about 18 months ago when he was attacked by someone but had no record that it occurred, he told the Lebanon Daily News.

“I always got tired of people saying one thing when they know it didn’t happen,” he said.

Since then, he has posted videos to YouTube of more than a dozen public buildings, such as a municipal building when paying his sewer bill and the offices of a state legislator.

People who conduct “First Amendment audits” often say they are exercising a straightforward right to film, but experts say the case law isn’t that simple.

The First Amendment freedom of the press right still exists inside a public building, said Pennsylvania Newspaper Association legal counsel Melissa Melewsky. However, “that doesn’t necessarily mean there is an automatic right to film whatever you want,” she said.

Courts would balance the First Amendment right against security concerns and other public interests, typically resolving each case through a “pretty detailed,” fact-based analysis, she said.

The criminal complaint against Lanza says he violated a policy against filming in the courthouse that is posted at that courthouse entrance. Per an administrative order, people may carry cell phones in the courthouse except on the third floor but may not film except in specific public forums such as city council and county commissioners meetings.

Court hearing

The charges against Lanza were filed by Lebanon police because sheriffs do not have the authority to file charges under Pennsylvania law, city police chief Todd Breiner said.

The incident involving Lanza and law enforcement officials was captured on a courthouse security camera, Breiner said.

Breiner would not release the video to either Lanza or the Lebanon Daily News because it is part of an ongoing investigation. However, it will be made available to Lanza as part of the discovery process if he contests the charges against him, Breiner said.

Lanza said his preliminary hearing was postponed from March 29 to April 26 at his request. It is currently scheduled for 8 a.m. April 26 in front of magisterial district judge Maria M. Dissinger.

This story comes to us through a partnership between WITF and The Lebanon Daily News.