The trio of "First Amendment Auditors" outside of Panino on the corner of Santa Barbara and East Canon Perdido streets. At left, Mr. Dick Fitzwell (left) and Mr. Hill pose for a photo. At right, the third unnamed "auditor" mid-interrogation with a passerby. | Credit: Elaine Sanders

[Updated: Wed., July 9, 2025, 4:49pm]

Wednesday morning, on the sidewalks around Cottage Hospital on Nogales Avenue, three men dressed in dark clothing, one masked, armed with tripods and cameras were reportedly harassing members of the public by recording videos, shouting profanity, and threatening identity theft, according to sources at the scene.

Engaged in what is called “First Amendment auditing,” the trio, including two who later identified themselves as Mr. Dick Fitzwell and Mr. Hill, succeeded in having bystanders call 9-1-1. Santa Barbara Police Department officers and security personnel for nearby businesses responded, arriving around 10 a.m. The men had remained on public property and were not targeting specific individuals, Lieutenant Antonio Montojo said, and no arrests were warranted. Montojo, who was on watch command duty for SBPD, said the “auditors” were not associated with law enforcement, and were trying to provoke a response from people to get them to call 9-1-1.

The three “identified themselves as First Amendment auditors” to responding officers, said Sergeant Bryan Kerr, a spokesperson for SBPD.

“First Amendment Auditing” is trending among citizen activists, who record public officials and employees in public spaces to test their understanding and respect for First Amendment rights, particularly the right to photograph and record in public. The “auditors” target unwitting members of the public in the hope they call 9-1-1. Once they do, arriving law enforcement is photographed, with any missteps uploaded to YouTube or TikTok.

The trio reported on Nogales, however, were within view of Mike Shinn, in charge of the parking lots for the medical offices under the shade of a big blue umbrella. He said he saw them harass hospital patients and U.S. Bank customers as they videoed them, recognizing what the “auditors” were up to. A Navy Seal in the ’60s, Shinn said he remained silent as the men videotaped and shouted profanities at him for one and a half hours. “They didn’t get a word out of me,” he stated.

Kathy Rosenthal, who was taking her 85-year-old husband to a doctor’s appointment, was pulling into the parking lot when the trio approached her vehicle, before law enforcement or security had been called to the scene. After taking pictures of her license plate, they approached the driver’s side window and ordered her to move her sun visor so they could take a photo of her face. She was not made aware of why they wanted photos of her, and men never identified themselves. After some back and forth she drove into the lot, parking as far away from them as possible. 

“They scared me to death,” said Rosenthal.

She called the police, who informed her that there was nothing that they could do since the men were exercising their First Amendment rights. That left her asking, “what about my rights?”

Three men on the sidewalks near Cottage Hospital took video and harassed people Wednesday morning, a tactic of the “First Amendment Auditor” trend online. | Credit: Elaine Sanders

Shinn and other witnesses also said they saw the men photographing license plates. When others questioned what they were doing, the men replied that they could use the information to get social security numbers and steal identities. One witness said people were visibly shaking after they encountered the men.

After leaving the parking lot, the group walked up Bath Street when they stopped at a men’s sobriety home on the corner of Bath and West Quinto streets. David White, the home’s general manager, said the men walked in and asked for water. He said they remained nonconfrontational and were curious about what they did. They left after White gave them water.

A photo on the Santa Barbara subreddit posted about 2:30 p.m. shows the trio on De la Vina Street in front of a veterinary urgent care. Amid rising fears of ICE agents in Santa Barbara, the post alerted the community that the “auditors” are not affiliated with ICE, stating in a caption, “no es Migra solo son pendejos.”

By 3 p.m. the trio was seen on the sidewalk around the sandwich shop Panino on Santa Barbara Street, arguing with people who interacted with them. Police on the scene confirmed that they were the same individuals from the morning’s disturbances at Cottage Hospital.

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