First Amendment ‘auditors’ lay siege to Old Agoura

Alarming trend puts residents on guard



CONFRONTATIONAL–In this still frame picture from a YoutTube video, First Amendment “auditor” Jacob Ornelas films Old Agoura residents on Sept. 5.

One man was cited for battery and other residents became shaken and afraid following an encounter with a self-described “First Amendment auditor” crew Sept. 5 in the quiet neighborhood of Old Agoura.

Auditors roam public property and take photos and shoot video of everyday citizens going about their daily lives. They claim to be exercising First Amendment freedoms, but often incite conflict, even violence in the communities they visit.

Last Sunday near Agoura Bible Fellowship, churchgoers and other Old Agoura residents were confronted by one of the auditors, a YouTube personality who goes by the moniker PedoLibreAudits. With 13,000 subscribers, PedoLibre—who has been identified in the media as Franklin Jacob Ornelas of Santa Paula—posts videos of the confrontation that results from the in-your-face tactic.

Ornelas was filming in front of the church on Foothill Drive with at least one other person when he and a second videographer were attacked by a man identified by the Lost Hills Sheriff Station as Oliver Dior, 57, of Agoura Hills. A scuffle ensued.

“Total troublemaker, just lying in wait for an altercation,” Old Agoura resident Kathi Colman said regarding the auditor.

“His followers egg him on, entertaining his racist cult with his endless play-by-play. Now the contents of our garages are exposed as well as our addresses and size of our homes,” Colman said. “We have been filmed, provoked and posted on YouTube.”

The provocateurs often hide behind masks and dark clothing while aggressively confronting members of the public, police officers and government employees, goading them to prohibit filming on public property.

Ornelas started his video stream Sunday morning as he traipsed the quiet, mostly deserted streets of Old Agoura, calling his walk both a “stroll” and a “patrol.” He mentions in the microphone that he doesn’t want to approach the church yet because it would be too early for services to begin.

INCOGNITO–A photo of one of the men seen filming.         Courtesy YouTube and Old Agoura Homeowners Facebook

As Ornelas continues his walk, his video, streaming live, shows close-ups of homes, car license plates and, eventually, people walking their dogs and one man working in his garage. When asked why he is filming, he refuses to answer. When told he doesn’t have permission to film them, he correctly states that he doesn’t need it.

Anyone in public view does not have a reasonable, or legal, expectation of privacy, according to California law, and First Amendment auditors may record other individuals as long as the auditors are positioned on public turf, such as a streets or a sidewalk.

The auditor trend has grown nationwide in recent years.

Two First Amendment videographers reportedly harassed people outside a church in Yorba Linda Aug. 22.

“This is a diabolical affront to law abiding citizens going about their usual Sunday plans,” Colman told The Acorn.

In response to the trend, the Ventura County Sheriff’s Office issued a statement earlier this year detailing how individuals should deal with a First Amendment auditor if they encounter one in the community. The preferred response is to “simply disengage and walk away.”

“If a confrontation does not occur, they will likely pack up their equipment and go somewhere else,” the sheriff’s office said. “A lack of confrontation leads to fewer videos of interest, fewer clicks on their pages and less income.”

Sgt. Brandon Painter of the Lost Hills Sheriff’s Station gave similar advice while speaking to The Acorn.

“They were antagonizing people as they typically do,” Painter said. “My recommendation is to ignore them. They have the right to film . . . but I think if you ignore them, you’re not giving them what they want.”

Because  Colman runs the Old Agoura homeowners’ Facebook page, community members call her when they have information to share. One of the first calls following the Sept. 5 incident came from the wife of the man working in his garage.

“She was really upset because they filmed the address of their house, their license plate and the contents of their garage,” Colman said.

“I don’t think they’re criminals in the sense they’re going to rob it,” her husband George Colman said. “But others could see what they have.”

“These groups are attacking other affluent communities, churches and synagogues, too,” the homeowner’s Facebook page said. “Their focus is the same as the sham ‘rear end accident’ taking place on our roadways.”

Events came to a head outside the church.

At about two hours and 15 minutes into the three-plus hour video, a man can be seen approaching the second auditor. The man, who is Dior, mentions his daughter and knocks the auditor’s camera onto the ground. He then approaches Ornelas and fights him for his camera. A third man, an auditor supporter, also joined the fray. Though it’s not apparent on video, one of the videographers is alleged to have filmed the man’s 16-year-old daughter.

On Nextdoor social media, a woman who goes by the initials R.D. and said she was Dior’s wife, gave her account of what led up to her husband going to the church.

Walking by herself near the place of worship, the couple’s daughter had to pass next to the videographers, who, R.D. said, were yelling obscenities at people leaving the morning’s first service and arriving for the second.

“By the time she arrived home, she was shaking and crying . . . . The obscenities and names that he called her and toward the church were disgusting,” R.D. said. “My husband felt very protective towards her and went over there to confront the bullies.”

Footage of a teen was not seen on Orneleas’ footage.

Los Angeles County Sheriff’s deputies arrived following the scuffle, watched footage of the attack and cited Dior. A spokesperson for the sheriff’s station said investigators are looking into the others who might have been involved in the fracas.

The church’s pastor, Scott Kegel, said several people came the church the following day, Sept. 6, asking about the incident. He said didn’t know if they were other First Amendment auditors and asked them to leave. Kegel said the church is working with police to learn how to respond if something similar happens in the future. He said he’s concerned that the incident might discourage other young people besides Dior’s daughter from attending church activities.

“We fully support First Amendment rights. We bank on that, but this is just disappointing,” Kegel said.