TRUCKEE, Calif. — It can start with a camera quietly aimed at a storefront or a phone recording from the sidewalk. Business owners in downtown Truckee may see an increase in visits from ‘First Amendment auditors.’ Here’s what to expect.

The Truckee Chamber of Commerce has alerted local businesses that First Amendment auditors may be in the area this week. According to the chamber, First Amendment auditors are individuals who film in public or publicly accessible spaces, sometimes entering businesses that are open to the public. Their goal is often to document how people respond to being recorded and to post those interactions online.

“While this can feel uncomfortable or unexpected, being prepared can help prevent situations from escalating,” said Jessica Penman, president and CEO of the Truckee Chamber of Commerce.

A look back at the 2023 Sock Parlour incident

In Truckee, the topic of public filming brings back a 2023 incident that attracted widespread attention online.

On Nov. 23, 2023, a video posted by Watching the Watchmen, a YouTube channel run by Jason and Ben Gutterman, showed a confrontation outside The Sock Parlour in downtown Truckee involving shop owner Jeremy Tucker.

According to the video, the Guttermans were walking through downtown filming interactions with pedestrians and business owners when Tucker approached them and asked why they were recording his store. When the men declined to explain, Tucker asked them to step back from the entrance, saying he was uncomfortable with their presence.

The exchange escalated. Tucker pushed the camera away, and one of the Guttermans used pepper spray. Customers fled the area, and police responded to the scene.

Tucker was initially cited for misdemeanor assault, but the charge was later dropped.

According to the Tucker family, the video was edited in a way they say did not reflect the full context of the incident, and the attention it drew on social media led to harassment, including what they described as being doxxed and targeted online.

After the video circulated online, the Tucker family began receiving hate messages and death threats, prompting them to deactivate their business email and phone number. According to Emily Tucker, co-owner of Sock Parlour and wife of Jeremy Tucker, nearly three years later they continue to receive threats and can no longer list contact information on their website.

Emily Tucker said the incident taught her the importance of knowing one’s rights and having a clear protocol for how to respond in these situations. She encourages small business owners to train staff on how to handle confrontations and establish clear policies for dealing with recording or filming on their property.

In a statement, the Truckee Police Department said the incident highlighted the importance of communication and awareness around public filming and private property rights.

“As with any high-visibility incident, the event offered an opportunity to reinforce the importance of clear communication, improve community understanding of the legalities of public filming and private property rights, and encourage early coordination between our businesses and the police department,” the department said. “These lessons continue to inform how we engage with the community and respond to similar situations moving forward.”

Guidance for businesses facing public filming

With the possibility of encountering First Amendment auditors this week, Penman said preparation can help prevent situations from escalating. The Truckee Chamber of Commerce has shared guidance with local businesses on how to respond calmly and professionally if auditors enter their shops.

Among the key points: private businesses are not required to allow filming inside their premises. While sidewalks and other public areas are generally open to recording, businesses remain private property, even when open to the public, and owners may enforce reasonable rules, including no-recording policies.

“Business owners may establish and enforce reasonable rules of conduct on their property and may ask individuals who do not comply to leave,” the Truckee Police Department said in a statement. “The Truckee Police Department will assist business owners when trespassing or other criminal violations occur and will take appropriate enforcement action when necessary.”

Penman said auditors may attempt to provoke a reaction, making calm, consistent responses the most effective approach.

The chamber recommends that staff keep interactions polite and brief, avoid arguments and emotional responses, and clearly state store policies. If filming is not allowed, employees can say, “This is a private business, and we do not allow recording inside. You’re welcome to continue your business here if the recording stops.”

Staff are also advised not to debate constitutional law, avoid physical contact with auditors or their equipment, and involve a manager if a situation becomes uncomfortable.

If a person refuses to stop recording after being informed of store policy, businesses may ask them to leave. If the individual refuses, they may be trespassing, and police can be contacted if necessary.

The chamber also encourages businesses to prepare employees in advance by sharing simple, approved language so staff members do not feel caught off guard.

Penman said most encounters pass quickly when handled calmly and professionally.

“We’re sharing this information so businesses can feel informed, confident and prepared,” she said.