Legally Enforceable Patron Behavior Policies
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Transcript of Legally Enforceable Patron Behavior Policies
Legally EnforceablePatron Behavior Policies
Angela MooreIndiana State Library Intern
July 17, 2013
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Presenter Introduction Rising 2nd year law student
Not a lawyer
Summer legal intern at ISL Former librarian at Berne Public Library
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Disclaimer This is legal information, not legal advice
I cannot apply the law to your specific situation
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Overview Matter
What can we regulate? First Amendment protection
Manner Equal Enforcement Patron Notice Appeals Process Reasonable Penalties
Laws limiting libraries’ ability to regulate
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Matter of RegulationWhat are you regulating?
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What are you regulating? Behavior Conditions to enter library (e.g. hygiene) Speech Illegal Activity
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What are you regulating? Behavior
Examples: “Patrons shall be engaged in activities associated with
the use of a public library while in the building. Patrons not engaged in reading, studying, or using library materials shall be required to leave the building.” Kreimer v. Bureau of Police, 958 F.2d 1242 (3d Cir. 1992)
No eating in carpeted areas No running in the library building
Legal criteria:1. Must be reasonable2. Must be related to library’s mission
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What are you regulating? Conditions patrons must conform to in order
to be allowed in the library e.g. Hygiene regulations/patron dress code
If you don’t wear shoes you can’t come in 1st Amendment right to receive information
Connected to freedoms of press, speech
Legal criteria:1. Serve significant government interest2. Narrowly-tailored 3. Ample alternative channels to receive information
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Case: Doe v. City of Albuquerque
Doe v. City of Albuquerque, 667 F.3d 1111 (10th Cir. 2012)
Sex-offenders banned from library Interferes with 1st Amendment right to receive
information
Library lost On procedural grounds (?) Library has “significant interest in providing a safe
environment for its library patrons, especially children.”
Would need to show narrow-tailoring & alternative channels for those banned to receive information
Maybe ok to limit hours
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What are you regulating? Speech
Be careful Content-neutral regulations only
Limit by time, manner (e.g. volume), or place1. Significant government interest2. Narrowly-tailored3. Ample alternative channels to receive information
Exceptions: Child pornography Obscenity, defined in IC 35-49-2-1 (≠ pornography) Harmful to minors
For meeting room policies, see webinar www.in.gov/library/law.htm
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What are you regulating? Illegal Activity
You don’t even need to put it in your policy But you may, and you may want to
Examples: Smoking Fighting: Bryant v. State, 2009 Ind. App. Unpub. LEXIS
821 (Ind. Ct. App. Mar. 16, 2009) Public indecency: Glotzbach v. State, 783 N.E.2d 1221
(Ind. Ct. App. 2003) Public indecency law: IC 35-45-4-1
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What are you regulating? Behavior
Reasonable + related to library’s mission Conditions to enter library (e.g. hygiene)
Narrowly-tailored, significant government interest, alternative channels
Content-neutral speech (time, manner, place) Narrowly-tailored, significant government interest,
alternative channels Content-driven speech
Don’t do it – protected by 1st Amendment Illegal Activity
Doesn’t need to be in your policy
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Manner of Regulation:Equal Enforcement, Patron Notice, Appeals,
and Reasonable Penalties
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Manner of Regulation Equal Enforcement Patron Notice
Appeals Process Reasonable Penalties
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Equal Enforcement & Patron Notice Equal Enforcement
Be consistent Treat teenagers the same as board members.
Policies/instructions clearly worded Don’t leave it to each employee to interpret the policy
Patron Notice Patrons should know how to be compliant
Post/hand out policies Policies clearly worded
Tip: Write down your policies!
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Equal Enforcement & Patron Notice Avoid vagueness and overbreadth
Vagueness means the language of the policy leaves too much open to interpretation e.g. Do not bother other patrons
Talking? Tapping pencil? Standing too close?
Overbreadth prohibits too much legitimate conduct e.g. only patrons reading a book can remain in
library Reading newspaper, looking for a book, asking
reference question, attending a program
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Case: Brinkmeier v. Freeport
Brinkmeier v. Freeport, 1993 U.S. Dist. LEXIS 9255 (N.D. Ill. July 2, 1993)
Patron removed from library under policy to “preclude any person who harasses and/or intimidates other library patrons or employees” An unwritten policy
Library lost Lacks reasonable boundaries
What if patron harasses other patron off library grounds?
Definition of harass? All forms of harassment lead to ban
Precluded from library for how long? Take-away: put your policies in writing!
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Case: Kreimer v. Bureau of Police
Kreimer v. Bureau of Police, 958 F.2d 1242 (3d Cir. 1992)
Behavior: “Patrons shall respect the rights of other patrons and shall
not harass or annoy others through noisy or boisterous activities, by staring at another person with the intent to annoy that person, by following another person about the building with the intent to annoy that person, by playing audio equipment so that others can hear it, by singing or talking to others or in monologues, or by behaving in a manner which reasonably can be expected to disturb other persons.”
Library won Reasonable, related to library’s mission “reasonably can be expected to disturb”
Not catering to individual patron sensitivities
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Case: Kreimer v. Bureau of Police Hygiene/dress code
“Patrons shall not be permitted to enter the building without a shirt or other covering of their upper bodies or without shoes or other footwear. Patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons shall be required to leave the building.”
Library won Nuisance has a legal meaning Library has significant government interest in
protecting all patrons’ right to receive information
Kreimer v. Bureau of Police, 958 F.2d 1242 (3d Cir. 1992)
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Case: Armstrong v. D.C. Public Library
Armstrong v. D.C. Pub. Library, 154 F. Supp. 2d 67 (D.D.C. 2001)
Homeless man not allowed to enter library due to “objectionable appearance” 1st Amendment implicated
Library lost Patrons denied entrance if appearance is
“objectionable (barefooted, bare-chested, body odor, filthy clothing, etc.)” “Objectionable” has no legal definition “etc.” is too open to individual interpretation
Guards given no guidance for enforcement
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Equal Enforcement & Patron Notice Bad policy language:
Language that depends on interpretation Does not give patrons notice of what is allowed Individual employees will enforce differently
Policies without reasonable boundaries Examples:
“etc.” “includes but is not limited to” “objectionable” or “offensive” (without definition)
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Equal Enforcement & Patron Notice Good policy language:
“nuisance” or other words with legal meaning IN nuisance law: IC 32-30-6-6
Injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property
Behavior that “can reasonably be expected to” have a particular result
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Appeals & Reasonable Penalties Appeals
As feasible More severe penalties, require tougher appeal process
Doesn’t need formal court process (e.g. jury of peers)
Reasonable Penalties Barring people from the library implicates 1st
Amendment right to receive information No lifetime bans for first-time minor infractions Ok to increase penalty for repeated infractions 6-mo. ban for offensive note to another patron ok
because he interfered with her right to use library Tronsen v. Toledo-Lucas County Public Library, 2008 U.S. Dist. LEXIS 20359
(N.D. Ohio, June 30, 2008) Good to have in writing
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Case: Grigsby v. City of Oakland
Grigsby v. City of Oakland, 2002 U.S. Dist. LEXIS 10621 (N.D. Cal. June 10, 2002)
Patron told to leave children’s room after staring at young woman and children
Two days later, patron returns, has confrontation with security guard, police make him leave library
Patron brings due process claim, says he should have been allowed an appeal before eviction
Library wins for two reasons:1. Intrusion on patron’s rights was minimal (a few
hours)2. No legal reason why appeal must be before eviction
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Case: Doyle v. Clark County Pub. Library
Doyle v. Clark County Pub. Library, 2007 U.S. Dist. LEXIS 102629 (S.D. Ohio July 3, 2007)
Patron barred for two years after following, staring at, and harassing another patron
Patron given right to appeal with legal counsel to library director
Patron says he should have been given:1. Chance to confront accuser2. Trial by jury
Library wins, because those rights do not apply to library discipline hearings
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Case: Neinast v. Columbus Met. Library
Neinast v. Bd. of Trs. of the Columbus Metro. Library, 346 F.3d 585 (6th Cir. 2003)
Barefoot advocate given one-day eviction after multiple warnings to wear shoes in library
Library won Gov’t interest: patron safety/library economic
health Alternative channels: wear shoes Eviction procedure explained to patron, patron
given chance to tell his side
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Sample Language To provide notice on a patron behavior policy
1. Violators will receive a warning and an opportunity to cease.
2. Repeat violations may result in suspension of Library privileges.
3. Appeal requests may be made in writing to the Library Director.
4. Further appeals may be made to the Library Board.
From Mary Minow’s presentation: Writing a Patron Behavior Code (funded in part by IMLS through LSTA), available at: http://infopeople.org/training/writing-library-behavior-code
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Appeals & Reasonable Penalties Bigger punishment = more rigorous appeals
process Appeals are not court hearings Penalties: ok to consider
Repeat infractions Effects on other patrons’ right to receive
information Write out a penalty table/matrix/chart
à la this table of army penalties
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Specific Laws Limiting Regulations
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Limiting Laws Service Animals
Americans with Disabilities Act Breastfeeding
IC 16-35-6-1 Firearms
IC 35-47-11.1
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Service Animals Service dogs must be allowed w/two
exceptions:1. Animal is out of control2. Animal is not housebroken Patron must be allowed to remain without animal
DO NOT ask about disability or certification May ask:
1. If animal is required because of a disability2. What tasks the animal is trained to perform
Code of Federal Regulations: 28 CFR 35.136 See ADA webinar: www.in.gov/library/law.htm
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Breastfeeding It’s behavior, however: IC 16-35-6-1
“Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be.”
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Firearms - IC 35-47-11.1 In general:
A public library cannot regulate the carrying of firearms, ammunition, or firearm accessories Cannot create new policy Old policies are void
Exceptions: Can create policy prohibiting/restricting intentional
displays of firearms at library’s public meetings Can prohibit on-duty employees from carrying
firearms or having in plain sight on library grounds Cannot prohibit out of view storage in locked car
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Firearms - IC 35-47-11.1
http://www.in.gov/library/files/2011_Legislation_-_SEA_292_Firearms_-_Analysis_and_Guidance.docx
Legal alternatives to restricting firearms Regulate behavior
“Patrons shall not utilize library property or other property that has been brought into the library in a manner that creates a safety hazard for library patrons.”
“Patrons shall respect the rights of other patrons and shall not harass, annoy, or intimidate others through noisy, boisterous, or threatening activities;…or by behaving in any other manner which reasonably can be expected to disturb other persons.”
Manner of regulation requirements still apply
Read it for yourself: IC 35-47-11.1
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Summary Regulate behavior or hygiene; only use time,
manner, or place restrictions on speech Enforce equally
Don’t leave it to individual employees to interpret Provide notice
Clear language, post policies Appeals process
As feasible Reasonable penalties Law prevents you from regulating some
activity
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Resources ALA Guidelines for the Development of Policie
s and Procedures Regarding User Behavior and Library Usage
Michigan State Library’s “Four Tests for a Legally-Enforceable Library Policy”
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QuestionsFor questions about this presentation, contact: Angela Moore: [email protected]
At ISL until July 31st
For questions about specific regulations at your library, contact your library’s attorney.