Dunkirk police

BThe Dunkirk Police Department said it was investigating apparent threats made toward its officers and facilities in response to videos uploaded in September from a man who routinely films police interactions.

The threats were noted in a letter denying a request through the Freedom of Information Law — commonly known as a FOIL — to Daniel Warmus from Dunkirk Police Chief David Ortolano.

Warmus had filed a FOIL request with the department in September, seeking official officer complaint procedures, a copy of the form utilized for officer complaints, body camera footage from a sergeant of the Dunkirk Police Department from Aug. 26, 2021, and disciplinary files of the sergeant and another officer.

The FOIL request followed two videos Warmus uploaded Sept. 9 to a YouTube page that goes by “Auditing Erie County” in which he filmed Dunkirk police vehicles then officers who questioned him. The YouTube page has numerous videos involving interactions with police and incidents involving police agencies throughout Western New York.

The videos each receive thousands of views and dozens of comments.

The Detroit Free Press characterized “First Amendment auditors” as citizens who use cellphone cameras to record video inside and around public buildings.

“The phenomenon of citizens using cameras to record video of their encounters with public officials in libraries, police stations, election offices and other local, state and federal buildings has grown significantly over the last two years amid a highly polarized political environment and a social media culture in which a viral video can both grab headlines and potentially generate revenues,” the Detroit newspaper said in an article this month. “Many, though not all, identify themselves as First Amendment auditors.”

In a letter to Warmus, Ortolano claimed one of the videos posted to “Auditing Erie County” resulted in threats made to the department and its officers.

“After the first video posting by Mr. Warmus and the group of followers there have been several threats made toward our facilities, our officers and statements made that they will wait in the parking lot and follow our officers home,” the police chief said. “Due to this threat to the safety of our officers, facilities and families there is an ongoing open investigation and there will be no information released.”

On Friday, in a phone interview, Ortolano reiterated his stance. “The safety of our officers, their families and this facility are the top priority for me,” he said.

The FOIL denial letter, dated Sept. 20, was included in a complaint known as an Article 78 proceeding Warmus filed against the city of Dunkirk this week in state Supreme Court in Chautauqua County. He is seeking to appeal the city’s denial, and thus access to the documents.

Warmus is being represented by a Buffalo attorney who did not return a request for comment on the complaint and allegations that the videos prompted threats against the police department.