Presentation is loading. Please wait.

Presentation is loading. Please wait.

Legally Enforceable Patron Behavior Policies Angela Moore Indiana State Library Intern July 17, 2013.

Similar presentations


Presentation on theme: "Legally Enforceable Patron Behavior Policies Angela Moore Indiana State Library Intern July 17, 2013."— Presentation transcript:

1 Legally Enforceable Patron Behavior Policies Angela Moore Indiana State Library Intern July 17, 2013

2 Presenter Introduction Rising 2 nd year law student Not a lawyer Summer legal intern at ISL Former librarian at Berne Public Library 2

3 Disclaimer This is legal information, not legal advice I cannot apply the law to your specific situation 3

4 Overview 4 Matter What can we regulate? First Amendment protection Manner Equal Enforcement Patron Notice Appeals Process Reasonable Penalties Laws limiting libraries ability to regulate

5 Matter of Regulation What are you regulating? 5

6 What are you regulating? 6 Behavior Conditions to enter library (e.g. hygiene) Speech Illegal Activity

7 What are you regulating? 7 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 reasonable 2. Must be related to librarys mission

8 What are you regulating? 8 Conditions patrons must conform to in order to be allowed in the library e.g. Hygiene regulations/patron dress code If you dont wear shoes you cant come in 1 st Amendment right to receive information Connected to freedoms of press, speech Legal criteria: 1. Serve significant government interest 2. Narrowly-tailored 3. Ample alternative channels to receive information

9 Case: Doe v. City of Albuquerque Doe v. City of Albuquerque, 667 F.3d 1111 (10 th Cir. 2012)9 Sex-offenders banned from library Interferes with 1 st 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

10 What are you regulating? 10 Speech Be careful Content-neutral regulations only Limit by time, manner (e.g. volume), or place 1. Significant government interest 2. Narrowly-tailored 3. Ample alternative channels to receive information Exceptions: Child pornography Obscenity, defined in IC ( pornography) Harmful to minors For meeting room policies, see webinar

11 What are you regulating? 11 Illegal Activity You dont 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 IC

12 What are you regulating? 12 Behavior Reasonable + related to librarys 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 Dont do it – protected by 1 st Amendment Illegal Activity Doesnt need to be in your policy

13 Manner of Regulation: Equal Enforcement, Patron Notice, Appeals, and Reasonable Penalties 13

14 Manner of Regulation 14 Equal Enforcement Patron Notice Appeals Process Reasonable Penalties

15 Equal Enforcement & Patron Notice 15 Equal Enforcement Be consistent Treat teenagers the same as board members. Policies/instructions clearly worded Dont 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!

16 Equal Enforcement & Patron Notice 16 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

17 Case: Brinkmeier v. Freeport Brinkmeier v. Freeport, 1993 U.S. Dist. LEXIS 9255 (N.D. Ill. July 2, 1993)17 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!

18 Case: Kreimer v. Bureau of Police Kreimer v. Bureau of Police, 958 F.2d 1242 (3d Cir. 1992)18 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 librarys mission reasonably can be expected to disturb Not catering to individual patron sensitivities

19 Case: Kreimer v. Bureau of Police 19 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)

20 Case: Armstrong v. D.C. Public Library Armstrong v. D.C. Pub. Library, 154 F. Supp. 2d 67 (D.D.C. 2001)20 Homeless man not allowed to enter library due to objectionable appearance 1 st Amendment implicated Library lost Patrons denied entrance if appearance i s 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

21 Equal Enforcement & Patron Notice 21 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)

22 Equal Enforcement & Patron Notice 22 Good policy language: nuisance or other words with legal meaning IN nuisance law: IC IC 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

23 Appeals & Reasonable Penalties 23 Appeals As feasible More severe penalties, require tougher appeal process Doesnt need formal court process (e.g. jury of peers) Reasonable Penalties Barring people from the library implicates 1 st 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 (N.D. Ohio, June 30, 2008) Good to have in writing

24 Case: Grigsby v. City of Oakland Grigsby v. City of Oakland, 2002 U.S. Dist. LEXIS (N.D. Cal. June 10, 2002)24 Patron told to leave childrens 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 patrons rights was minimal (a few hours) 2. No legal reason why appeal must be before eviction

25 Case: Doyle v. Clark County Pub. Library Doyle v. Clark County Pub. Library, 2007 U.S. Dist. LEXIS (S.D. Ohio July 3, 2007) 25 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 accuser 2. Trial by jury Library wins, because those rights do not apply to library discipline hearings

26 Case: Neinast v. Columbus Met. Library Neinast v. Bd. of Trs. of the Columbus Metro. Library, 346 F.3d 585 (6 th Cir. 2003)26 Barefoot advocate given one-day eviction after multiple warnings to wear shoes in library Library won Govt interest: patron safety/library economic health Alternative channels: wear shoes Eviction procedure explained to patron, patron given chance to tell his side

27 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 Minows presentation: Writing a Patron Behavior Code (funded in part by IMLS through LSTA), available at: 27

28 Appeals & Reasonable Penalties 28 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 penaltiesthis table of army penalties

29 Specific Laws Limiting Regulations 29

30 Limiting Laws 30 Service Animals Americans with Disabilities Act Breastfeeding IC Firearms IC

31 Service Animals 31 Service dogs must be allowed w/two exceptions: 1. Animal is out of control 2. 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 disability 2. What tasks the animal is trained to perform Code of Federal Regulations: 28 CFR CFR See ADA webinar:

32 Breastfeeding 32 Its behavior, however: IC Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be.

33 Firearms - IC 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 librarys 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

34 Firearms - IC 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 IC

35 Summary 35 Regulate behavior or hygiene; only use time, manner, or place restrictions on speech Enforce equally Dont 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

36 Resources 36 ALA Guidelines for the Development of Policies and Procedures Regarding User Behavior and Library Usage ALA Guidelines for the Development of Policies and Procedures Regarding User Behavior and Library Usage Michigan State Librarys Four Tests for a Legally-Enforceable Library PolicyFour Tests for a Legally-Enforceable Library Policy

37 Questions For questions about this presentation, contact: Angela Moore: At ISL until July 31 st For questions about specific regulations at your library, contact your librarys attorney. 37


Download ppt "Legally Enforceable Patron Behavior Policies Angela Moore Indiana State Library Intern July 17, 2013."

Similar presentations


Ads by Google