Patron Behavior Policies Angela Moore Indiana State Library Intern July 17 2013 Presenter Introduction Rising 2 nd year law student Not a lawyer Summer legal intern at ISL Former librarian at Berne Public Library ID: 274787
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Legally EnforceablePatron Behavior Policies
Angela MooreIndiana State Library Intern
July 17, 2013Slide2
Presenter Introduction
Rising 2nd year law studentNot a lawyer
Summer legal intern at ISL
Former librarian at Berne Public Library
2Slide3
Disclaimer
This is legal information, not legal adviceI cannot apply the law to your specific situation
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Overview
4
Matter
What can we regulate?
First Amendment protection
Manner
Equal Enforcement
Patron Notice
Appeals Process
Reasonable Penalties
Laws limiting libraries’ ability to regulateSlide5
Matter of Regulation
What are you regulating?
5Slide6
What are you regulating?
6
Behavior
Conditions to enter library (e.g. hygiene)
Speech
Illegal ActivitySlide7
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:
Must be reasonable
Must be related to library’s missionSlide8
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 don’t wear shoes you can’t come in
1
st
Amendment right to receive information
Connected to freedoms of press, speech
Legal criteria:
Serve significant government interest
Narrowly-tailored
Ample alternative channels to receive informationSlide9
Case: Doe v. City of Albuquerque
Doe v. City of Albuquerque, 667 F.3d 1111 (10th
Cir. 2012)
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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 hoursSlide10
What are you regulating?
10
Speech
Be careful
Content-neutral regulations only
Limit by time, manner (e.g. volume), or place
Significant government interest
Narrowly-tailored
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
Slide11
What are you regulating?
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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 35-45-4-1Slide12
What are you regulating?
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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 1
st
Amendment
Illegal Activity
Doesn’t need to be in your policySlide13
Manner of Regulation:
Equal Enforcement, Patron Notice, Appeals,and Reasonable Penalties
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Manner of Regulation
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Equal Enforcement
Patron Notice
Appeals Process
Reasonable PenaltiesSlide15
Equal Enforcement & Patron Notice
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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!Slide16
Equal Enforcement & Patron Notice
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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 programSlide17
Case: Brinkmeier v. Freeport
Brinkmeier v. Freeport
, 1993 U.S. Dist. LEXIS 9255 (N.D. Ill. July 2, 1993)
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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!Slide18
Case: Kreimer v. Bureau of Police
Kreimer v. Bureau of Police, 958 F.2d 1242 (3d Cir. 1992)
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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 sensitivitiesSlide19
Case: Kreimer v. Bureau of Police
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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)Slide20
Case: Armstrong v. D.C. Public Library
Armstrong v. D.C. Pub. Library, 154 F. Supp. 2d 67 (D.D.C. 2001)
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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 enforcementSlide21
Equal Enforcement & Patron Notice
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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)Slide22
Equal Enforcement & Patron Notice
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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 resultSlide23
Appeals & Reasonable Penalties
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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 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 20359 (N.D. Ohio, June 30, 2008)
Good to have in writingSlide24
Case: Grigsby v. City of Oakland
Grigsby v. City of Oakland, 2002 U.S. Dist. LEXIS 10621 (N.D. Cal. June 10, 2002)
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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:
Intrusion on patron’s rights was minimal (a few hours)
No legal reason why appeal must be before evictionSlide25
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)
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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:
Chance to confront accuser
Trial by jury
Library wins, because those rights do not apply to library discipline hearingsSlide26
Case: Neinast v. Columbus Met. Library
Neinast v. Bd. of
Trs
. of the Columbus Metro. Library
, 346 F.3d 585 (6th
Cir. 2003)
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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 sideSlide27
Sample Language
To provide notice on a patron behavior policy
Violators will receive a warning and an opportunity to cease.
Repeat violations may result in suspension of Library privileges.
Appeal requests may be made in writing to the Library Director.
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
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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 penaltiesSlide29
Specific Laws Limiting Regulations
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Limiting Laws
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Service Animals
Americans with Disabilities Act
Breastfeeding
IC 16-35-6-1
Firearms
IC 35-47-11.1Slide31
Service Animals
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Service dogs must be allowed w/two exceptions:
Animal is out of control
Animal is not housebroken
Patron must be allowed to remain without animal
DO NOT ask about disability or certification
May ask:
If animal is required because of a disability
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
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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.”Slide33
Firearms - IC 35-47-11.1
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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 carSlide34
Firearms - IC 35-47-11.1
http://www.in.gov/library/files/2011_Legislation_-_SEA_292_Firearms_-_Analysis_and_Guidance.docx
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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 35-47-11.1Slide35
Summary
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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 activitySlide36
Resources
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ALA Guidelines for the Development of Policies and Procedures Regarding User Behavior and Library Usage
Michigan State Library’s
“Four Tests for a Legally-Enforceable Library Policy”Slide37
Questions
For questions about this presentation, contact:Angela Moore:
mangela@library.in.gov
At ISL until July 31
st
For questions about specific regulations at your library, contact your library’s attorney.
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