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A Redwood City attorney filed a federal lawsuit against YouTubers who filmed people in downtown Menlo Park on March 29 and posted a video bragging about pepper-spraying a man.
“They’re goading people into being pepper-sprayed by them. You can’t provoke someone with what they call ‘fighting words’ and then be surprised when someone gets angry,” attorney Andrew Watters said in an interview.
Watters posted his own video of his March 29 interaction with the “auditors” outside of Draeger’s Market on University Drive. Just two days later, on March 31, Watters sued the creator behind YouTube channel True North Transparency, Richard Troyan, alleging that they engage in racketeering activity, assault, interfering with commerce through threats or violence, and obstructing Watters from exercising his rights.
Watters encountered Troyan and two other self-styled “First Amendment auditors” at the entrance of Draeger’s in Menlo Park around 10 a.m. on Sunday, March 29. Later that same day, online video appears to show Troyan pepper-spraying a man in front of Menlo Park Ace Hardware during a verbal altercation. Police have said they are investigating the incident and that the suspects left the scene before officers arrived.
While the lawsuit only names Troyan, a Canada-based YouTuber who posts videos of public confrontations, Watters said he intends to add the other auditors he encountered to the lawsuit once he identifies them. San Diego County-based YouTube channel iiMPACT MEDIA led by Conrad Rankin also posted video of the incident. Both Troyan and iiMPACT MEDIA have taken down the videos as of April 1.
The videographers are in the Bay Area as part of a trip across California, according to posts on their YouTube channel. The group was seen in Mountain View outside Costco and Trader Joe’s but does not appear to have posted video from those locations. In Menlo Park, they went to the Farmer’s Market and Trader Joe’s, in addition to Ace and Draeger’s.
People calling themselves “First Amendment auditors” post their videos onto sites like YouTube. While filming in public spaces is generally protected under the First Amendment, Watters and others say the group in Menlo Park went too far.
“This whole thing with them staging these incidents is completely disruptive and agitating to the community, especially a safe and welcoming community like Menlo Park,” Watters said. “The hope is that some accountability for these otherwise anonymous individuals will deter them from being violent. I have no problem with them staying on the sidewalk and peacefully filming.”
Watters said he reported the group, wearing distinctive black-and-silver T-shirts and cowboy hats, to the police department well before the pepper-spraying incident occurred but was told the department couldn’t respond.
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“(The department) could have prevented it if they just took action two hours earlier when I filed the complaint. I think they just don’t want to get involved, which is unfortunate because someone needs to take a stand,” Watters said.
Video taken by Watters shows the group saying things like, “I’m gonna mace the s–t out of you” and saying they have “more than” pepper spray. It also shows one member of the group holding their hat in front of their face and hiding behind a trash can when Watters films them.
In his lawsuit, Watters alleges that by threatening him and pepper-spraying others while filming and making money through YouTube, the group violated the Racketeer Influenced and Corrupt Organizations Act. The RICO Act was created in 1970 to combat organized crime. The law says it is illegal for someone to derive income from, or disrupt interstate commerce through, “racketeering activity,” which is partially defined as extortion through threats of physical violence or actual violence.
In the lawsuit, Watters asks that the case be referred to the FBI for a criminal investigation.
Watters also requested a temporary order to block Troyan from filming Watters, going within 100 yards of him or committing any acts of violence near him.
The lawsuit asks for the court to permanently bar Troyan from harassing Watters and divest from any RICO enterprise. The lawsuit demands at least $100,000 in damages, according to court records.
Troyan did not respond to an email from this publication.
No hearing has yet been scheduled on the lawsuit or the order.
Good luck Mr. Watters. This will go nowhere.