Child & Family Safety in the Library <ul><li>Legal responsibilities for child and family safety at libraries. </li></ul><u...
Presenters <ul><li>Mary Minow ,  J.D., A.M.L.S.   </li></ul><ul><li>LibraryLaw.com </li></ul><ul><li>Ann McCarty </li></ul...
Agenda <ul><li>Librarians as mandated reporters: AB 866  </li></ul><ul><li>Mandated reporters, tough scenarios </li></ul><...
Legal Disclaimer Legal information Not  legal advice!
Librarians as mandated reporters   <ul><li>AB 886 Assemblyman  Martin Garrick (R-Carlsbad) </li></ul><ul><li>In response t...
Library assistant reported child porn
Our future? <ul><li>(2007) Florida bill SB2448  </li></ul><ul><li>Sexual Offenders  </li></ul><ul><li>would have required ...
Child Pornography  and Library Computers <ul><li>Required to report child pornography to  </li></ul><ul><li>National Cente...
Child Porn: Call Police <ul><li>Librarian noticed  </li></ul><ul><li>&quot;Little Girls Extreme“ </li></ul><ul><li>Alerted...
www.missingkids.com
Speech that is… PROTECTED Internet Speech under  Umbrella of First Amendment Violent Inappropriate Disgusting May lead to ...
U.S. Supreme Court NOT PROTECTED  under  Umbrella of First Amendment <ul><li>C </li></ul><ul><li>O </li></ul><ul><li>H </l...
Not free speech: <ul><li>Child Pornography  </li></ul><ul><li>Obscenity </li></ul><ul><li>Harmful to Minors </li></ul>for ...
Children’s Internet Protection Act libraries with certain federal grants and discounts  must  try to block images Children...
Child Pornography <ul><li>Visual depiction of minor under 18 </li></ul><ul><li>engaged in &quot;sexually explicit conduct”...
www.libraryjournal.com/article/CA6292375.html
Stanly County Public Library Albermarle, nc
Sierra-Sacramento Regional Child Abuse Prevention Councils’ Coalition A working coalition of child abuse prevention counci...
No Known Court Cases Unattended Children at Library Common Law – generally no duty to aid child, but once begun, must see ...
San Marino Ordinance  No 099-1129 <ul><li>Children 12 or younger closing - call for ride </li></ul><ul><li>15 minutes - ca...
Virginia Beach (VA)  Closing  Policy  <ul><li>Under six, call police immediately </li></ul>Under no circumstances shall a ...
U.S. Supreme Court NOT PROTECTED  under  Umbrella of First Amendment <ul><li>C </li></ul><ul><li>O </li></ul><ul><li>H </l...
Not free speech: <ul><li>Child Pornography  </li></ul><ul><li>Obscenity </li></ul><ul><li>Harmful to Minors </li></ul>for ...
Children’s Internet Protection Act libraries with certain federal grants and discounts  must  try to block images Children...
Child Pornography <ul><li>Visual depiction of minor under 18 </li></ul><ul><li>engaged in &quot;sexually explicit conduct”...
Obscenity:  Supreme Court’s Miller Test <ul><li>Community standards whole … prurient </li></ul><ul><li>Patently offensive ...
Harmful to Minors  (part of CIPA) <ul><li>“ harmful to minors” means any picture, image, graphic image file, or other visu...
Harmful to Minors  (part of CIPA) <ul><li>The term “harmful to minors” means any picture, image, graphic image file, or ot...
Violence  is  NOT HARMFUL TO MINORS <ul><li>“ graphic violence” is not  &quot;harmful to minors” </li></ul><ul><li>laws re...
www.cofcc.org/library_lawsuit.pdf Pitfall: Aim Only at C-O-H
www.cofcc.org/ Baum and Council of Conservative Citizens v. Maplewood City Library (MO)   et al. , E.D. Mo. Case No. 4:06C...
Pitfall: Use Correct Legal Terms  <ul><li>Magic words:  </li></ul><ul><ul><li>C-O-H  or  “no illegal activity” </li></ul><...
Must Disable on Request  20 U.S.C. § 9134(f)(3) (disabling permitted for both adults and minors);  47 U.S.C. § 254(h)(6)(D...
Post Supreme Court cases  on library filters <ul><li>Lawsuit against library that uses SmartFilter </li></ul><ul><li>CLAIM...
California: Must Make Policy Available  <ul><li>Cal Ed Code §  18030.5  (2006) </li></ul><ul><li>§ 18030.5.  Adoption of p...
Sexual Harassment and Internet Images <ul><li>Loudoun case  </li></ul><ul><ul><li>no sexual harassment </li></ul></ul><ul>...
Library Filter Policy to  Avoid  Sexual Harassment Struck Down <ul><li>Possible hostile  </li></ul><ul><li>environment </l...
Open Access Policy Led to Hostile Work Environment Complaint <ul><li>Equal Employment Opportunity Commission (EEOC):  </li...
Library Board Statement <ul><li>“ In retrospect, the Library regrets that it did not respond sooner to the changes present...
Minneapolis Public Library  Internet Use Guidelines rev. 2001 <ul><li>The Library is committed to providing its employees ...
Federal Law: Employer Liability for Non-Employee Harassment <ul><li>Standard: “knows or should have known” and fails to ta...
California Law: Employer Liability for Non-Employee Harassment <ul><li>“ knows or should have known” and fails to take imm...
LUNCH
Calling the police – the LAW <ul><li>But what about California’s library confidentiality law? </li></ul>
<ul><li>Registration  records </li></ul><ul><li>any information which  </li></ul><ul><li>a library requires a patron  </li...
<ul><li>C onsent – Written </li></ul><ul><li>C ourt order e.g. search warrant </li></ul>Unless …. California Govt Code Sec...
<ul><li>Records </li></ul><ul><li>Documents, writing, </li></ul><ul><li>recording on any media </li></ul><ul><li>Observati...
Observations: Dead Body in Library Parking Lot <ul><li>Memphis Public Library </li></ul><ul><li>Green Plymouth Fury </li><...
Observations: Tylenol Murders Librarian tipped off FBI
Observations:  Library Security Videotapes <ul><li>Children reported man in bookshelves exposing himself </li></ul><ul><li...
Don’t Need Court Order for Observations  UCLA Library –manipulating NEI Webworld stock FBI tracked extortion messages  – q...
<ul><li>Records </li></ul><ul><li>Documents, writing, </li></ul><ul><li>recording on any media </li></ul><ul><li>Observati...
<ul><li>Records </li></ul><ul><li>Documents, writing, </li></ul><ul><li>recording on any media </li></ul><ul><li>Observati...
http://www.casomb.org/docs/Housing%202008%20Rev%201%205%20FINAL.pdf Sex Offenders and Public Libraries
Paso Robles  must live more than quarter mile from public library http://ordlink.com/codes/pasorobles/
Life imprisonment / eligible for parole after 15 years http://pysih.com/2009/02/09/update-corey-deen-saunders/♣ ♣
http://www.caswellmessenger.com/articles/2009/06/09/news/news01.txt North Carolina  Bans offenders from kids websites, pre...
http://www.statelibraryofiowa.org/archive/e2009/ju09/sexoff Iowa - Can not  be  within 300 feet of public library
Legal Framework <ul><li>Constitution </li></ul><ul><ul><ul><ul><li>Federal Law </li></ul></ul></ul></ul><ul><ul><ul><ul><u...
WE ARE THE GOVERNMENT
Legally, Question is Always Library Rule (or Law) Will Library Policy Win in Court?
Or will Patron win?
Free Speech <ul><li>F irst Amendment </li></ul><ul><li>tread carefully </li></ul><ul><li>E qual Enforcement  </li></ul><ul...
FEND off lawsuits  <ul><li>F ree speech </li></ul><ul><li>E qual Enforcement  </li></ul><ul><li>N otice </li></ul><ul><li>...
No Bare Feet  <ul><li>Test for “Symbolic Speech”   </li></ul><ul><li>Particularized message  </li></ul><ul><li>Likely to b...
Court: Bare Feet is Behavior  Reasonable Standard <ul><li>Court: Not likely that patrons will understand his purported mes...
Freedom of Access, Diversity <ul><li>F ree Speech </li></ul><ul><li>tread carefully </li></ul><ul><li>E qual Enforcement  ...
U.S. Supreme Court <ul><li>Sit-in at Audubon Regional Library  (Clinton, LA) </li></ul><ul><li>Violation of LA breach of p...
thehomelessguy.blogspot <ul><li>…  I had a back pack and a sleeping bag with me - both nearly brand new and completely out...
HOMELESS – Treat Equally Consent Order Settlement Agreement Patrons with temporary residences treated equally  (had been l...
<ul><ul><li>Written, posted </li></ul></ul><ul><ul><li>Not vague </li></ul></ul>N otice to Patrons “ Unwritten rules lend ...
Harassment: Two Cases <ul><li>Kreimer case Patrons shall respect the rights of other patrons and shall not harass or annoy...
Harassment: Two Cases <ul><li>Kreimer case Patrons shall respect the rights of other patrons and shall not harass or annoy...
Harassment Policy  Morristown Library Won <ul><li>Rule upheld </li></ul><ul><li>Patrons shall respect the rights of other ...
<ul><li>Note earlier library rule  </li></ul><ul><li>Patrons shall respect the rights of other patrons and shall not annoy...
<ul><li>Unwritten practice  </li></ul><ul><li>No definition of “harass” </li></ul><ul><li>Unlimited geographic scope </li>...
<ul><li>Kreimer case Patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons shall be re...
<ul><li>Kreimer case Patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons shall be re...
Library Rule Upheld <ul><li>Library Rule:  </li></ul><ul><li>Patrons whose bodily hygiene is offensive so as to constitute...
Hygiene Policy that Patron Won on END <ul><li>END -  “Etc.” depends on interpretation, no instructions to guards, no appea...
Compare: Penis in Tights Case <ul><li>Rule: only said no shirt, no shoes </li></ul><ul><li>E qual protection claim lost </...
D ue Process (Appeals)  Procedural Safeguards <ul><li>May not leave it to “whim of administrator” – objective standards </...
Post-CIPA lawsuit in North Carolina Library Board Sued by Patron Looking at Porn Ralph J. Miller v. Northwest Region Libra...
Post-CIPA lawsuit in North Carolina Library Board Sued by Patron Looking at Porn Library Lost No Appeals Process 04:10 PM
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  • LCSW Licensed Clinical Social Worker http://www.ssa.gov/oig/GRAPHICS/Gavel_hand.jpg http://ectc.nde.ne.gov/media/bibs/diversity.htm http://www.sbpd.com/Centennial/images/Cty_Seal_Patch.jpg
  • 11165.1. As used in this article, &amp;quot;sexual abuse&amp;quot; means sexual assault or sexual exploitation as defined by the following: ... (c) &amp;quot;Sexual exploitation&amp;quot; refers to any of the following: (1) Conduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts). (2) Any person who knowingly promotes, aids, or assists, employs, uses, persuades, induces, or coerces a child, or any person responsible for a child&apos;s welfare, who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct,or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction, involving obscene sexual conduct. For the purpose of this section, &amp;quot;person responsible for a child&apos;s welfare&amp;quot; means a parent, guardian, foster parent, or a licensed administrator or employee of a public or private residential home, residential school, or other residential institution. (3) Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3. from:
  • http://www.wnd.com/index.php?fa=PAGE.view&amp;pageId=62867
  • http://www.loc.gov/rr/scitech/selected-internet/images/safari03.jpg
  • http://news.cnet.com/i/ne/p/2007/alinas_lexis.jpg
  • As a past Supreme Court Justice, Justice Harlan once wrote: - one man’s vulgarity is another’s lyric It&apos;s impossible to define words like offensive. As Supreme Court Justice Antonin Scalia wrote back in 1987: De Gustibus non est disputandum. Just as there is no arguing about taste, there is no use litigating about it =========== www.ed.gov/Family/RWN/ Activ97/begin.html
  • ========= www.crh.noaa.gov/ dlh/question.htm
  • ========= www.crh.noaa.gov/ dlh/question.htm
  • CIPA refers to other sections of the federal code to give definitions of C-O-H, and in the handout, I wrote an article pulling out these definitions in full, because I didn&apos;t see that anyone else had done it. I think everyone just figured they know it when they see it... and that&apos;s not the legal definition. Child pornography, according to federal law that the Children&apos;s Internet Protection Act references, refers to Visual depiction of minor (under 18) engaged in &amp;quot;sexually explicit conduct.&amp;quot; Sexually explicit conduct is actual or simulated: (A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) bestiality; (C) masturbation; (D) sadistic or masochistic abuse; or (E) lascivious exhibition of the genitals or pubic area of any person None at home No bonafide research purpose ... so don&apos;t unblock these sites for a patron...who says they are doing research .. People who say they were journalists, researchers are IN JAIL NOW because child pornography was on their hard drives. [U.S. v Matthews, 209 F.3d 338 (4th Cir. 2000) NPR journalist wrote series on CP - claimed newsgathering solely - imprisoned - no defense no jury allowed - disseminates harm to children][must have scienter - knowingly transport, but need not be bad motive-Matthews failed to inform FBI of his research] ======== jail: www.attorneygeneral.gov/team_up/ slides/slide2.cfm
  • Take a look at the San Marino Ordinance passed by city council. It says that library staff should wait with children 12 or younger for 15 minutes after closing, and then call the police. The police then take the child home, and if no one is there, to the station. The first time the parents get a warning, the second time they are charged fees. So far there have been no second offenders. [The ordinance says that any child 12 or younger who is left alone at the public library at closing time will be directed by library personnel to use the telephone for the purpose of obtaining a ride home. If a child has not been picked up more than one-quarter hour after the closing of the library, library personnel will request a police officer to come to the Library to supervise the child. The police officer will leave a note at the library and then transport the child to his or her own home. The police officer may release the child to an adult in the home, but if no adult is home, the child is to be transported back to the police station to wait for the parent or guardian. The first time the situation occurs, the parent or guardian will be issued a warning that any additional instance may result in the reimbursement of actual costs of administrative and transportation services incurred by the city. Such fees must be paid before the child is released from the supervision of the police officer]
  • Also, be sure to take a look at the Virginia Beach (VA) policy - the most extensive one I&apos;ve seen that considers a large range of . At closing, staff are to call police immediately for children under six. Under no circumstances shall a staff member take the child out of the building, provide transportation, or physically restrain him/her from leaving. [I want to underscore this - even if the police station is across the street - stay inside and let the police come to you. ]
  • ========= www.crh.noaa.gov/ dlh/question.htm
  • ========= www.crh.noaa.gov/ dlh/question.htm
  • CIPA refers to other sections of the federal code to give definitions of C-O-H, and in the handout, I wrote an article pulling out these definitions in full, because I didn&apos;t see that anyone else had done it. I think everyone just figured they know it when they see it... and that&apos;s not the legal definition. Child pornography, according to federal law that the Children&apos;s Internet Protection Act references, refers to Visual depiction of minor (under 18) engaged in &amp;quot;sexually explicit conduct.&amp;quot; Sexually explicit conduct is actual or simulated: (A) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) bestiality; (C) masturbation; (D) sadistic or masochistic abuse; or (E) lascivious exhibition of the genitals or pubic area of any person None at home No bonafide research purpose ... so don&apos;t unblock these sites for a patron...who says they are doing research .. People who say they were journalists, researchers are IN JAIL NOW because child pornography was on their hard drives. [U.S. v Matthews, 209 F.3d 338 (4th Cir. 2000) NPR journalist wrote series on CP - claimed newsgathering solely - imprisoned - no defense no jury allowed - disseminates harm to children][must have scienter - knowingly transport, but need not be bad motive-Matthews failed to inform FBI of his research] ======== jail: www.attorneygeneral.gov/team_up/ slides/slide2.cfm
  • By now you&apos;ve probably heard of the Miller test - the legal definition of obscenity brought to us by the Supreme Court. To illuminate a little, it is MUCH narrower than most people think. To be legally obscene, an item must satisfy three multipart conditions First, “the average person, applying contemporary community standards” must find that the work, taken as a whole, appeals to the prurient interest, community standards is determined by a jury selected from the community ... it must appeal to the PRURIENT interest - it must turn you on... the court has gone on to refine that definition further - it must not only be prurient, but it must appeal to a shameful morbid lust, not a healthy normal sexual reaction second, the work must depict sexual conduct in a patently offensive way ... as my Stanford law school professor, Kathleen Sullivan explained it in laymans language, that means it must gross you out ... In fact, she is famous for saying: it must turn you on and gross you out at the same time... it must be obscene by STATE LAW. Where I&apos;m from in California is obviously going to be different from other states, but NO STATE can go further than the Miller definition Finally, the work must lack serious literary artistic political or scientific value. This is a national standard, so even if you&apos;re in a state with the strictest obscenity laws like Tennessee, if there is some serious value to the work, it is not obscene. Legal advice to cyberporn producers is to be sure to put links to safe sex sites etc to add to the taken as a whole serious criteria. Jeffrey Douglas an adult industry lawyer who&apos;s tracked obscenity convictions nationwide, has said that as for ADULTS, just about anything is permissible, with possible exceptions of bestiality, necrophilia, incest, rape...and even then if you can show it was a dream, you may be okay -------- &amp;quot;a work may be subjected to state regulation if (a) whether &apos;the average person, applying contemporary, community standards&apos; would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value Miller v. California, 413 U.S. 15, 24 (1973). In Miller, the Court reviewed a criminal conviction against a commercial vendor who mailed brochures containing pictures of sexually explicit activities to individuals who had not requested such materials. 57. Miller, 413 U.S. at 24. The decision offers some further clarification: &amp;quot;Under the holdings announced today, no one will be subject to prosecution for the sale or exposure of obscene materials unless these materials depict or describe patently offensive &amp;quot;hard core&amp;quot; sexual conduct specifically defined by the regulating state law, as written or construed.&amp;quot; Id. 413 U.S. at 27. Later, in Jenkins v. Georgia, 418 U.S. 153 (1974), the Supreme Court reversed the conviction of a movie theater owner for showing the film, Carnal Knowledge. The Court held that the First Amendment would not allow the materials to be labeled obscene unless they &amp;quot;depict or describe patently offensive `hard-core&apos; sexual conduct.&amp;quot;
  • Now, to the heart of the matter: Harmful to Minors material this is where the real concern is ... material that is considered harmful to children Until CIPA, was relegated to state law, and I listed the NC law on the handout on the last page. NC law, by the way, offers librarians a defense to librarians carrying out legitimate functions ... some other states have similar provisions, written before the Net, to ensure that libraries could let kids check out art books on Michelangelo and the like without any second guessing themselves So what is the definition of HM that CIPA uses? It&apos;s the first federal definition for HM, and as you know, applies only to libraries and schools that take specified federal monies are concerned. It&apos;s modeled on the obscenity definition for adults, but uses a standard ... &amp;quot;with respect to minors&amp;quot; which in practice (at least from what we&apos;ve seen from state courts using similar definitions) means soft core pornography. Playboy, thus could be found harmful to minors, but never obscene for adults. -------- NC ST § 14-190.15 (2003) Disseminating harmful material to minors; exhibiting harmful performances to minors (a) Disseminating Harmful Material. -- A person commits the offense of disseminating harmful material to minors if, with or without consideration and knowing the character or content of the material, he: (1) Sells, furnishes, presents, or distributes to a minor material that is harmful to minors; or (2) Allows a minor to review or peruse material that is harmful to minors. … (c)(2) [affirmative defense when...] The defendant was a school, church, museum, public library, governmental agency, medical clinic, or hospital carrying out its legitimate function; or an employee or agent of such an organization acting in that capacity and carrying out a legitimate duty of his employment. …
  • A point I want to really emphasize is that the definition is based wholly on sex. Wholly on sex, even the excretion portion refers to prurient interests. Even the use of Excretion in the definition refers to a PRURIENT interest in excretion ... there must be a sexual interest in it Thus... hate sites, violent sites, disgusting sites, are NOT considered harmful to minors... according to the courts ===== http://www.mlo.noaa.gov/Tours/ROAD/silver3.jpg
  • Mary: Children have the SAME RIGHT to violent speech as anyone else. It is not considered legally HARMFUL TO MINORS. In fact, California passed a law that was supposed to go into effect in 2005 that would have restricted some of the really gross graphic violent video games for children. The video software dealers association sued the state claiming that children have a constitutional right to violent video games, and WON. JANIS: I can’t think of a slick transition here but let’s talk about children’s privacy in the library too. Video Software Dealers Ass&apos;n v. Schwarzenegger, 401 F. Supp. 2d 1034, 2005 U.S. Dist. LEXIS 39476 (N.D. Cal. 2005); similar rulings in other states at www.theesa.com/facts/industry_self_reg.php _________ http://www.ftmeade.army.mil/SoundOFF/archives/SO2002/Feb21/images/LodgingArcade.jpg
  • Compliance entails filling out the forms. You should also have a policy when it comes to disabling the fitlers. I wish I could give you real concrete advice on that .. but the truth is that reasonable minds differ on precisely what this means. I&apos;ll tell you what we know. The law itself allows libraries to unblock specific sites, and to disable the filter entirely Erate and LSTA rules differ, as written into CIPA itself. Under erate, you can disable during use by an ADULT, to enable access for bona fide research or other lawful purpose. Not for children..defined as minors UNDER 17 Under LSTA, you can disable to enable access for bona fide research or other lawful purposes for any age. ========== ERATE from CIPA``(D) DISABLING DURING ADULT USE.--An administrator, supervisor, or other person authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. LSTA from CIPA DISABLING DURING CERTAIN USE.--An administrator, supervisor, or other authority may disable a technology protection measure under paragraph (1) to enable access for bona fide research or other lawful purposes. ======== people at computers: http://rst.gsfc.nasa.gov/Sect1/remotelab1.jpg
  • http://www.womenandguns.com/
  • The PUBLIC RECORDS LAW specifically makes exceptions for library registration and circulation records. (If anyone listening was involved let me know) Registration records refers any information which a library requires a patron to provide in order to become eligible to borrow books and other materials Circulation records refers to information which identifies the patrons borrowing particular books and other material. California Libraries supported by public funds MUST protect these records .. it is against CALIFORNIA law to give these out, even to law enforcement, with a few exceptions. You must disclose STATISTICAL reports of registration and circulation records, and you must disclose FINE RECORDS. The law does not specify a definition for fine records.
  • When CAN you give out patron records? State law has three circumstances - I call them the ACC exceptions. A administration of library, clerk at check out, staff who need to handle the transaction C written consent by patron, and C court order Thats it. Administration, Consent and Court order.
  • Records v Observations An important distinction in most states, including California. Library records include Documents, writing, recording on any media OBSERVATIONS, on the other hand, are NOT protected by state law, and can include anything that is in “ plain view” including (what’s visible on screen) patron behavior and physical descriptions
  • Observations - if you see or smell a dead body in the library parking lot, say a green plymouth fury with a massive amount of flies - go ahead and call the police. ------------ Documents and SettingsOwnerMy DocumentsMinowResearchCategorizedpatron policies incl their propertycase-TNvRickman2002May-TNdist-putrifiedwomanincarlibraryparkinglot.htm http://wwwedu.ssc.nasa.gov/kap/images/parkinglot.jpg
  • or how about this one - a librarian at the NYPL noticed a man whose picture was on a most wanted poster for the TYLENOL murders... and tipped off the police based on her observations www.usdoj.gov/dea/ major/ impunity.html wanted poster http://www.jnjaust.com.au/images/ProductCatalog/m280266_OTC_analg_caplet_100.jpg tylenol
  • and some of you have library security tapes which can be quite helpful, as they were at the Morehead MN public library where they were used after chidlren reported a man was exposing himself in the bookshelves, and the security tapes cooberated their story showing a man leaning forward in the bookshelves. The tapes helped bring a criminal conviction for sexual misconduct.
  • What about internet use? In a number of cases, observations were all that was needed for example UCLA Library –manipulating NEI Webworld stock FBI tracked extortion messages – quiet stakeouts Crofton (MD), Falls Church (VA) libraries FBI used “BACK Button” to find embassy addresses
  • so to be clear... records are protected by state law
  • and observations are not protected by state law... you may by law, report your observations to the police. Assuming you have no local laws to the contrary, it is up to the library to set its own policies and guidelines.
  • http://www.archives.gov/electronic_records_archives/images/government_staff.jpg http://resourcescommittee.house.gov/images/anwrpic/flag.jpg flag over building
  • http://hr.noaa.gov/~hrmo/apa-tai-chi1.htm
  • http://hr.noaa.gov/~hrmo/apa-tai-chi1.htm
  • http://hr.noaa.gov/~hrmo/apa-tai-chi1.htm
  • Three library access cases have reached the Supreme Court: Brown v Louisiana (1966) Bd. of Ed. v Pico (1982) ALA CIPA case For more see http://www.llrx.com/features/roleoflibraries.htm
  • http://mainegov-images.informe.org/mdot/cadd-support/images/tape.jpg Let’s see what thehomelessguy’s blog says about his personal experience at a library in Tennessee. He writes: “… I had a back pack and a sleeping bag with me - both nearly brand new and completely out of people&apos;s way, a security guard came by with a measuring tape - measured both bags - and declared that their total length exceeded limitations and that I&apos;d have to take them out of the library. Later that same day, a couple kids with cello cases came rolling into the library, right past the guards, and the guards said nothing to them about their oversized items.” This could be a lawsuit waiting to happen – don’t let it happen to you. If you have a rule against bringing oversize items, be specific in what’s prohibited, and then enforce it equally. If the rationale is to prevent blocking aisles, it doesn’t really matter whether the items are bedrolls or cellos. [He goes on to write: “ Thus things like meditation and praying are not allowed . Some people just can&apos;t help but get carried away with power, even when it&apos;s only the power vested in a security guard of a library. Because he gave me such a start, I was a little upset with him, so I got on his case for being rude and harassing me. He didn&apos;t know how to respond to that so he just walked away. Just a couple minutes later, he returned with the supervisor of the guards. And he explained the rule to me. &amp;quot;You can&apos;t even look like you might be sleeping,&amp;quot; again was the reply. Of course I argued against the silliness of the rule. As usually happens, when someone can&apos;t defend the logic of such an idea, or lack there of, people resort, as did this supervisor, to the idea that he was just doing his job, and that someone above him actually made the rule, and it was his job just to enforce the rule. &amp;quot;Yeah, I know the rule is a nuisance, and I wish we didn&apos;t have to enforce it, but that&apos;s just the way it is.&amp;quot; With this, he was being conciliatory, but I was to worked up about it to accept it. The supervisor then said, &amp;quot;well, you can always call the mayors office about it.&amp;quot; I wonder if he knows that I have a working relationship with the mayor. It might be worth the while of the Homeless Power Project to take up the issue of rules at the library which are targeted to the homeless, and that rules are quickly enforced on homeless folks, but others are given more leeway.”]
  • http://www.lecb.ncifcrf.gov/~toms/icons/mouse.jackson.gif Which leads to NOTICE … users have to be put on notice of what the rules are so they know whether or not they are breaking them. Rules should be written and posted.. They should not be vague. In a lawsuit that an Illinois library lost, the court wrote: “ Unwritten rules lend themselves to a myriad of problems, none the least of which is proof of its existence…”
  • Also, its rule had the notoriously VAGUE word, ETC. The rule forbid objectionable appearance - barefooted bare-chested body odor fitly clothing etc ... a lot of room for interpretation there. The court looked deeply into the library processes and found that the security guards were given no further instructions, and a lot of different interpretation was going on at the staff level. Also, the D.C. library had no appeals process. The library&apos;s rule was bad, and the library lost.
  • Nevertheless, the library won. The commission gave an expansive reading of the dress code, saying that visible genitalia (and there were children around) was even more detrimental other patrons than no shoes or shirt.
  • http://www.afm.ars.usda.gov/divisions/hrd/gif/judge.gif http://www.bls.gov/k12/images/soc_001.gif
  • http://www.estrategy.gov/forum/forum_five/mendoza_pres/mendoza_pres_files/TextMostly/Slide3.html
  • http://www.estrategy.gov/forum/forum_five/mendoza_pres/mendoza_pres_files/TextMostly/Slide3.html
  • SantaBarbaraChildSafety

    1. 1. Child & Family Safety in the Library <ul><li>Legal responsibilities for child and family safety at libraries. </li></ul><ul><li>• Unaccompanied minors: age-appropriateness, safety, monitoring, </li></ul><ul><li>discipline, homelessness, truancy </li></ul><ul><li>• Accompanied minors: safety, lack of discipline or neglect by guardian </li></ul><ul><li>• Limiting adult access to children’s and teen rooms in the library </li></ul><ul><li>• Computer pornography access by adults when children are present </li></ul><ul><li>• Adults whose actions are suspicious </li></ul><ul><li>• What range of adult behaviors warrant reporting to which authorities? </li></ul>Wed June 24, 2009 Santa Barbara Public Library Faulkner Gallery 10am – 4pm
    2. 2. Presenters <ul><li>Mary Minow , J.D., A.M.L.S. </li></ul><ul><li>LibraryLaw.com </li></ul><ul><li>Ann McCarty </li></ul><ul><li>Associate Director North County Rape </li></ul><ul><li>Crisis & Child Protection Center </li></ul><ul><li>Deborah Holmes , LCSW </li></ul><ul><li>Associate Director, CALM </li></ul><ul><li>(Child Abuse Listening & Mediation) </li></ul><ul><li>Officer Scott Klacking </li></ul><ul><li>Beat Coordinator/Background Investigator </li></ul><ul><li>Santa Barbara Police Department </li></ul>And special thanks to Nancy Madsen, MSW, JD, Administrator, Human Services Program, Santa Barbara Public Health Department
    3. 3. Agenda <ul><li>Librarians as mandated reporters: AB 866  </li></ul><ul><li>Mandated reporters, tough scenarios </li></ul><ul><li>Lunch   </li></ul><ul><li>Calling the police </li></ul><ul><li>Patron behavior – court cases </li></ul><ul><li>       </li></ul>
    4. 4. Legal Disclaimer Legal information Not legal advice!
    5. 5. Librarians as mandated reporters   <ul><li>AB 886 Assemblyman Martin Garrick (R-Carlsbad) </li></ul><ul><li>In response to Kern Co. incident </li></ul>Current status public safety committee Employees of public libraries would be required to report the use of computers in public libraries, discovered in the course of their duties to access, sexual exploitation - minor engaged in obscene acts
    6. 6. Library assistant reported child porn
    7. 7. Our future? <ul><li>(2007) Florida bill SB2448 </li></ul><ul><li>Sexual Offenders </li></ul><ul><li>would have required sexual offenders (victims under 18) from entering a public library without immediately notifying a library employee of their presence </li></ul>http://blog.librarylaw.com/librarylaw/2007/02/more_crazy_legi.html
    8. 8. Child Pornography and Library Computers <ul><li>Required to report child pornography to </li></ul><ul><li>National Center for Missing and Exploited Children </li></ul><ul><li>No requirement to affirmatively police their systems. </li></ul>42 U.S.C . § 13032 (e) <ul><li>Electronic communication service </li></ul><ul><ul><li>“ any service which provides to users thereof the ability to send or receive wire or electronic communications” 18 U.S.C. §2510 </li></ul></ul><ul><li>Remote computing service </li></ul><ul><li>“ means the provision to the public of computer storage or processing services by means of an electronic communications system” 18 U.S.C. § 2711 </li></ul>Child Protection and Sexual Predator Punishment Act
    9. 9. Child Porn: Call Police <ul><li>Librarian noticed </li></ul><ul><li>&quot;Little Girls Extreme“ </li></ul><ul><li>Alerted library security, who spoke with patron notified campus police </li></ul><ul><li>Arrest (upheld by Utah Supreme Court) </li></ul><ul><li>Marriott Library (Univ. of Utah) </li></ul>State v. Alinas, 2007 UT 83 (2007).
    10. 10. www.missingkids.com
    11. 11. Speech that is… PROTECTED Internet Speech under Umbrella of First Amendment Violent Inappropriate Disgusting May lead to illegal behavior Profane as well as Hateful Beautiful Indecent Poetic
    12. 12. U.S. Supreme Court NOT PROTECTED under Umbrella of First Amendment <ul><li>C </li></ul><ul><li>O </li></ul><ul><li>H </li></ul>
    13. 13. Not free speech: <ul><li>Child Pornography </li></ul><ul><li>Obscenity </li></ul><ul><li>Harmful to Minors </li></ul>for more detail see definitions at www.llrx.com/features/updatecipa.htm
    14. 14. Children’s Internet Protection Act libraries with certain federal grants and discounts must try to block images Children’s Internet Protection Act (Pub. L. 106-554) Adults Children under 17 Child Pornography X X Obscenity X X Harmful to Minors X
    15. 15. Child Pornography <ul><li>Visual depiction of minor under 18 </li></ul><ul><li>engaged in &quot;sexually explicit conduct” </li></ul><ul><li>computer-generated image indistinguishable from that of a minor </li></ul><ul><li>None at home </li></ul><ul><li>No research purpose </li></ul><ul><li>DO NOT UNBLOCK! </li></ul>CIPA cites 18 U.S.C. Sec. 2256; PROTECT ACT Signed into law April 30, 2003; See 18 U.S.C. §2256(B)
    16. 16. www.libraryjournal.com/article/CA6292375.html
    17. 17. Stanly County Public Library Albermarle, nc
    18. 18. Sierra-Sacramento Regional Child Abuse Prevention Councils’ Coalition A working coalition of child abuse prevention councils from 15 counties. w w w . s i e r r a s a c c o a l i t i o n . o r g
    19. 19. No Known Court Cases Unattended Children at Library Common Law – generally no duty to aid child, but once begun, must see through STAFF needs clear policy! Then, staff follows policy - library likely responsible Immunities apply to library and staff No policy , individual staff likely liable (esp. after hours)
    20. 20. San Marino Ordinance No 099-1129 <ul><li>Children 12 or younger closing - call for ride </li></ul><ul><li>15 minutes - call police </li></ul><ul><li>Police takes child home or to station </li></ul><ul><li>First time - Warning </li></ul><ul><li>Second time - Fees </li></ul>
    21. 21. Virginia Beach (VA) Closing Policy <ul><li>Under six, call police immediately </li></ul>Under no circumstances shall a staff member take the child out of building, provide transportation, or physically restrain him/her from leaving. Virginia Beach City Administrative Directive 3.10
    22. 22. U.S. Supreme Court NOT PROTECTED under Umbrella of First Amendment <ul><li>C </li></ul><ul><li>O </li></ul><ul><li>H </li></ul>
    23. 23. Not free speech: <ul><li>Child Pornography </li></ul><ul><li>Obscenity </li></ul><ul><li>Harmful to Minors </li></ul>for more detail see definitions at www.llrx.com/features/updatecipa.htm
    24. 24. Children’s Internet Protection Act libraries with certain federal grants and discounts must try to block images Children’s Internet Protection Act (Pub. L. 106-554) Adults Children under 17 Child Pornography X X Obscenity X X Harmful to Minors X
    25. 25. Child Pornography <ul><li>Visual depiction of minor under 18 </li></ul><ul><li>engaged in &quot;sexually explicit conduct” </li></ul><ul><li>computer-generated image indistinguishable from that of a minor </li></ul><ul><li>None at home </li></ul><ul><li>No research purpose </li></ul><ul><li>DO NOT UNBLOCK! </li></ul>CIPA cites 18 U.S.C. Sec. 2256; PROTECT ACT Signed into law April 30, 2003; See 18 U.S.C. §2256(B)
    26. 26. Obscenity: Supreme Court’s Miller Test <ul><li>Community standards whole … prurient </li></ul><ul><li>Patently offensive sexual conduct defined by state law … and </li></ul><ul><li>Taken as a whole lacks serious literary, artistic, political, or scientific value. </li></ul>CIPA cites 18 U.S.C. § 1460; Courts likely to apply Miller v. California , 413 U.S. 15, 24 (1973)
    27. 27. Harmful to Minors (part of CIPA) <ul><li>“ harmful to minors” means any picture, image, graphic image file, or other visual depiction that– </li></ul><ul><li>(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; </li></ul><ul><li>(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and </li></ul><ul><li>(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. </li></ul>Children’s Internet Protection Act (Pub. L. 106-554)
    28. 28. Harmful to Minors (part of CIPA) <ul><li>The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that-- </li></ul><ul><li>(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; </li></ul><ul><li>(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and </li></ul><ul><li>(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. </li></ul>Children’s Internet Protection Act (Pub. L. 106-554) SEXUAL
    29. 29. Violence is NOT HARMFUL TO MINORS <ul><li>“ graphic violence” is not &quot;harmful to minors” </li></ul><ul><li>laws restricting violent video games struck down by courts </li></ul>Video Software Dealers Assn v. Schwarzenegger , 401 F. Supp. 2d 1034 (N.D. Cal. 2005) Similar rulings at www.theesa.com/facts/industry_self_reg.php
    30. 30. www.cofcc.org/library_lawsuit.pdf Pitfall: Aim Only at C-O-H
    31. 31. www.cofcc.org/ Baum and Council of Conservative Citizens v. Maplewood City Library (MO) et al. , E.D. Mo. Case No. 4:06CV00453 CONSENT JUDGMENT: LIBRARY REMOVES HATE FILTERS
    32. 32. Pitfall: Use Correct Legal Terms <ul><li>Magic words: </li></ul><ul><ul><li>C-O-H or “no illegal activity” </li></ul></ul><ul><li>Okay to cite law e.g. </li></ul><ul><li> California Penal Code Section 311.11 </li></ul>Don’t say: no pornography no offensive images no disturbing others no inappropriate sites etc. Libertarian Party of Ventura County v. Ventura County Library Services Agency (1998) settlement – replaced “sexually explicit” with “obscene” in policy
    33. 33. Must Disable on Request 20 U.S.C. § 9134(f)(3) (disabling permitted for both adults and minors); 47 U.S.C. § 254(h)(6)(D) (disabling permitted for adults). &quot;to enable access for bona fide research or other lawful purposes.&quot; If disabling is too burdensome, could be basis for new lawsuit Adults Minors under 17 E-rate Yes No LSTA Yes Yes
    34. 34. Post Supreme Court cases on library filters <ul><li>Lawsuit against library that uses SmartFilter </li></ul><ul><li>CLAIM: VIOLATES FIRST AMENDMENT </li></ul><ul><li>*blocked categories : drugs, anonymizers, criminal skills, extreme, dating/social, gambling, hate speech … </li></ul><ul><li>*examples: dating sites, soldier of fortune, womenandguns.com </li></ul><ul><li>(self-protection, recreational shooting) </li></ul><ul><li>*won’t disable on request </li></ul>Bradburn v. North Central Regional Library District (WA), E.D. Wash., Case No. CV-06-327-EFS, filed Nov, 2006
    35. 35. California: Must Make Policy Available <ul><li>Cal Ed Code § 18030.5 (2006) </li></ul><ul><li>§ 18030.5.  Adoption of policy regarding access to internet by minors (a)  Every public library that receives state funds pursuant to this chapter and that provides public access to the Internet shall, by a majority vote of the governing board, adopt a policy regarding access by minors to the Internet by January 1, 2000. (b)  Every public library that is required to adopt a policy pursuant to subdivision (a) shall make the policy available to members of the public at every library branch. </li></ul>History: SB 1386 (1998) http://info.sen.ca.gov/
    36. 36. Sexual Harassment and Internet Images <ul><li>Loudoun case </li></ul><ul><ul><li>no sexual harassment </li></ul></ul><ul><li>Minneapolis case </li></ul><ul><ul><li>sexual harassment </li></ul></ul><ul><li>Federal and California Law </li></ul><ul><ul><li>employers can be held accountable for customer harassment </li></ul></ul>
    37. 37. Library Filter Policy to Avoid Sexual Harassment Struck Down <ul><li>Possible hostile </li></ul><ul><li>environment </li></ul>Mainstream Loudoun v. Board of Trustees of the Loudoun County Library (VA) , 2 F. Supp. 2d 783, (E.D. Va. 1998) Free speech VA
    38. 38. Open Access Policy Led to Hostile Work Environment Complaint <ul><li>Equal Employment Opportunity Commission (EEOC): </li></ul><ul><li>probable cause hostile work environment </li></ul><ul><li>Pornography, catcalls, masturbation, physical threats, stalking </li></ul><ul><li>Department of Justice declined to file lawsuit </li></ul><ul><li>Settlement: $435,000 </li></ul>Smith v. Minneapolis Public Library, Charge Number: 265A00651; FEPA Number: 0000 (May 23, 2001); Determination by Bobbie J. Carter, Director, Minneapolis Area Office, Equal Employment Opportunity Commission www.techlawjournal.com/internet/20010523eeocdet.asp
    39. 39. Library Board Statement <ul><li>“ In retrospect, the Library regrets that it did not respond sooner to the changes presented by Internet access in the Library … </li></ul><ul><li>Since May of 2000, changes in the Library Internet policy have resulted in an improved workplace. The employees have made no claim that a hostile work environment has existed since that time.” </li></ul>Minneapolis Public Library Board of Trustees Settlement of Adamson et.al. vs. Minneapolis Public Library 15 August 2003
    40. 40. Minneapolis Public Library Internet Use Guidelines rev. 2001 <ul><li>The Library is committed to providing its employees and patrons with an environment that is free from all forms of harassment, including sexual harassment, and prohibiting the display of obscene material, child pornography, and material that is harmful to minors and to make every possible effort within constitutional limits to prevent minors from viewing materials that could be deemed harmful. </li></ul>www.mpls.lib.mn.us/policy.asp (2006)
    41. 41. Federal Law: Employer Liability for Non-Employee Harassment <ul><li>Standard: “knows or should have known” and fails to take immediate, appropriate corrective action </li></ul>29 C.F.R. Section 1604.11(e) EEOC considers extent of control and any other legal responsibility with respect to conduct of non-employees.
    42. 42. California Law: Employer Liability for Non-Employee Harassment <ul><li>“ knows or should have known” and fails to take immediate and appropriate corrective action. </li></ul><ul><li>For acts of nonemployees, extent of employer's control and any other legal responsibility which employer may have with respect to nonemployees shall be considered. </li></ul>Cal Gov Code § 12940 (2006)
    43. 43. LUNCH
    44. 44. Calling the police – the LAW <ul><li>But what about California’s library confidentiality law? </li></ul>
    45. 45. <ul><li>Registration records </li></ul><ul><li>any information which </li></ul><ul><li>a library requires a patron </li></ul><ul><li>to provide in order to </li></ul><ul><li>become eligible to </li></ul><ul><li>borrow books and </li></ul><ul><li>other materials </li></ul>California Law – libraries may not disclose registration and circulation records California Govt Code Sect. 6267 Circulation records information which identifies the patrons borrowing particular books and other material.
    46. 46. <ul><li>C onsent – Written </li></ul><ul><li>C ourt order e.g. search warrant </li></ul>Unless …. California Govt Code Sect. 6267
    47. 47. <ul><li>Records </li></ul><ul><li>Documents, writing, </li></ul><ul><li>recording on any media </li></ul><ul><li>Observations </li></ul><ul><li>“plain view” </li></ul><ul><ul><li>(what’s visible on screen) </li></ul></ul><ul><li>patron behavior </li></ul><ul><li>physical descriptions </li></ul>Records are different from Observations
    48. 48. Observations: Dead Body in Library Parking Lot <ul><li>Memphis Public Library </li></ul><ul><li>Green Plymouth Fury </li></ul><ul><li>“ massive amount of flies” </li></ul><ul><li>Police found dead body </li></ul>Tennessee v. Rickman , 2002 Tenn. Crim. App. LEXIS 449 (May 17, 2002)
    49. 49. Observations: Tylenol Murders Librarian tipped off FBI
    50. 50. Observations: Library Security Videotapes <ul><li>Children reported man in bookshelves exposing himself </li></ul><ul><li>Library security tapes showed man leaning forward in bookshelves </li></ul><ul><li>Convicted - criminal sexual conduct </li></ul>Minnesota v. Sihler, 2002 Minn. App. LEXIS 376
    51. 51. Don’t Need Court Order for Observations UCLA Library –manipulating NEI Webworld stock FBI tracked extortion messages – quiet stakeouts Crofton (MD), Falls Church (VA) libraries FBI used “BACK Button” to find embassy addresses SEC v. Aziz Golshani; Tarpon Springs FL, U.S. v. Regan
    52. 52. <ul><li>Records </li></ul><ul><li>Documents, writing, </li></ul><ul><li>recording on any media </li></ul><ul><li>Observations </li></ul><ul><li>“plain view” </li></ul><ul><ul><li>(what’s visible on screen) </li></ul></ul><ul><li>patron behavior </li></ul><ul><li>physical descriptions </li></ul>Records vs. Observations Protected by State Law
    53. 53. <ul><li>Records </li></ul><ul><li>Documents, writing, </li></ul><ul><li>recording on any media </li></ul><ul><li>Observations </li></ul><ul><li>“plain view” </li></ul><ul><ul><li>(what’s visible on screen) </li></ul></ul><ul><li>patron behavior </li></ul><ul><li>physical descriptions </li></ul>Records vs. Observations Protected by State Law Not Protected by State Law
    54. 54. http://www.casomb.org/docs/Housing%202008%20Rev%201%205%20FINAL.pdf Sex Offenders and Public Libraries
    55. 55. Paso Robles must live more than quarter mile from public library http://ordlink.com/codes/pasorobles/
    56. 56. Life imprisonment / eligible for parole after 15 years http://pysih.com/2009/02/09/update-corey-deen-saunders/♣ ♣
    57. 57. http://www.caswellmessenger.com/articles/2009/06/09/news/news01.txt North Carolina Bans offenders from kids websites, premises regularly used by children …premises violation
    58. 58. http://www.statelibraryofiowa.org/archive/e2009/ju09/sexoff Iowa - Can not be within 300 feet of public library
    59. 59. Legal Framework <ul><li>Constitution </li></ul><ul><ul><ul><ul><li>Federal Law </li></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>State Laws </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><ul><li>Local laws </li></ul></ul></ul></ul></ul><ul><ul><ul><ul><li>Library Policies </li></ul></ul></ul></ul>Where does Library Bill of Rights fit in?
    60. 60. WE ARE THE GOVERNMENT
    61. 61. Legally, Question is Always Library Rule (or Law) Will Library Policy Win in Court?
    62. 62. Or will Patron win?
    63. 63. Free Speech <ul><li>F irst Amendment </li></ul><ul><li>tread carefully </li></ul><ul><li>E qual Enforcement </li></ul><ul><li>N otice </li></ul><ul><li>D ue Process (Appeals) </li></ul>FEND off lawsuits
    64. 64. FEND off lawsuits <ul><li>F ree speech </li></ul><ul><li>E qual Enforcement </li></ul><ul><li>N otice </li></ul><ul><li>D ue Process (Appeals) </li></ul>Free Speech or Conduct Rules?
    65. 65. No Bare Feet <ul><li>Test for “Symbolic Speech” </li></ul><ul><li>Particularized message </li></ul><ul><li>Likely to be understood by the viewer </li></ul>Neinast v. Columbus Metro. Library (OH), 346 F.3d 585 (6 th Cir. 2003); cert. den., 2004 U.S. LEXIS 2792 (2004).
    66. 66. Court: Bare Feet is Behavior Reasonable Standard <ul><li>Court: Not likely that patrons will understand his purported message </li></ul>Library won
    67. 67. Freedom of Access, Diversity <ul><li>F ree Speech </li></ul><ul><li>tread carefully </li></ul><ul><li>E qual Enforcement </li></ul><ul><li>N otice </li></ul><ul><li>D ue Process (Appeals) </li></ul>FEND off lawsuits Diversity Must Treat Everyone Equally
    68. 68. U.S. Supreme Court <ul><li>Sit-in at Audubon Regional Library (Clinton, LA) </li></ul><ul><li>Violation of LA breach of peace law </li></ul><ul><li>U.S. Supreme Court: </li></ul><ul><li>Law violated Equal Protection in U.S. Constitution </li></ul>Brown v Louisiana , 383 U.S. 131 (1966) E qual Enforcement www.zinasaunders.com/ Michael R. Kuffner, From Public Schools to Public Libraries: Examining the Impact of Brown v. Board of Education on the Desegregation of Public Libraries, 59 Alabama Law Review . 1247 (2008). Discusses earlier cases including Clark v Thompson 206 F. Supp. 539 (S.D. Miss. 1962), aff’d 313 F. 2d 637 (1963) (North State Streeet Library, Jackson MS)
    69. 69. thehomelessguy.blogspot <ul><li>… I had a back pack and a sleeping bag with me - both nearly brand new and completely out of people's way. A security guard came by with a measuring tape - measured both bags - and declared that their total length exceeded limitations and that I'd have to take them out of the library. </li></ul><ul><li>Later that same day, a couple kids with cello cases came rolling into the library and the guards said nothing to them. </li></ul>thehomelessguy.blogspot.com Nov 15, 2004 ( Paraphrased)
    70. 70. HOMELESS – Treat Equally Consent Order Settlement Agreement Patrons with temporary residences treated equally (had been limited to 2 items) Doe v. Worcester Public Library , Case No. 06-40133, Dist. MA, Consent Order Dec. 21, 2006
    71. 71. <ul><ul><li>Written, posted </li></ul></ul><ul><ul><li>Not vague </li></ul></ul>N otice to Patrons “ Unwritten rules lend themselves to a myriad of problems, none the least of which is proof of its existence…” Brinkmeier v. Freeport , 1993 U.S. Dist. LEXIS 9255 (N.D. Ill. July 2, 1993)
    72. 72. Harassment: Two Cases <ul><li>Kreimer case 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 loudly to others or in monologues, or by behaving in a manner which reasonably can be expected to disturb other patrons. </li></ul>Kreimer v. Bureau of Police , 958 F.2d 1242 (3d Cir. N.J. 1992) Brinkmeier case Unwritten policy Brinkmeier v. Freeport , 1993 U.S. Dist. LEXIS 9255 (N.D. Ill. July 2, 1993) Tale of Two Libraries: No Harassment
    73. 73. Harassment: Two Cases <ul><li>Kreimer case 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 loudly to others or in monologues, or by behaving in a manner which reasonably can be expected to disturb other patrons. </li></ul>Kreimer v. Bureau of Police , 958 F.2d 1242 (3d Cir. N.J. 1992) Brinkmeier case Unwritten policy Brinkmeier v. Freeport , 1993 U.S. Dist. LEXIS 9255 (N.D. Ill. July 2, 1993) Two Outcomes Library won Patron won
    74. 74. Harassment Policy Morristown Library Won <ul><li>Rule upheld </li></ul><ul><li>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. </li></ul>E qual enforcement, N otice, D ue Process
    75. 75. <ul><li>Note earlier library rule </li></ul><ul><li>Patrons shall respect the rights of other patrons and shall not annoy others through noisy or boisterous activities, by unnecessary staring , by following another person through the building, by playing walkmans or other audio equipment so that others can hear it, by singing or talking to oneself or by other behavior which may reasonably result in the disturbance of other persons. </li></ul>Earlier Version of Same Policy Court said Library changed rule after talks with ACLU
    76. 76. <ul><li>Unwritten practice </li></ul><ul><li>No definition of “harass” </li></ul><ul><li>Unlimited geographic scope </li></ul><ul><li>No formal appeals </li></ul>Harassment Policy Case Library Patron Won FRI Analysis- Connect to Library Purpose Let’s have sex Followed library clerk as she left library Gave note asking for sex Brinkmeier v. Freeport , 1993 U.S. Dist. LEXIS 9255 (N.D. Ill. July 2, 1993)
    77. 77. <ul><li>Kreimer case Patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons shall be required to leave the building… </li></ul><ul><li>Armstrong case Objectionable appearance (barefooted, bare-chested, body odor, filthy clothing, etc.) ... . or if his or her appearance &quot;interferes with the orderly provision of library services.&quot; </li></ul>Library Rules on Hygiene Kreimer v. Bureau of Police , 958 F.2d 1242 (3d Cir. N.J. 1992) Armstrong v. D.C. Public Library, 154 F. Supp. 2d 67 (D.C. 2001) Hygiene Policies Two Outcomes
    78. 78. <ul><li>Kreimer case Patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons shall be required to leave the building… </li></ul><ul><li>Armstrong case Objectionable appearance (barefooted, bare-chested, body odor, filthy clothing, etc.) ... . or if his or her appearance &quot;interferes with the orderly provision of library services.&quot; </li></ul>Library Rules on Hygiene Kreimer v. Bureau of Police , 958 F.2d 1242 (3d Cir. N.J. 1992) Armstrong v. D.C. Public Library, 154 F. Supp. 2d 67 (D.C. 2001) Library won Patron won Hygiene Policies Two Outcomes
    79. 79. Library Rule Upheld <ul><li>Library Rule: </li></ul><ul><li>Patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons shall be required to leave the building. </li></ul>Kreimer v. Bureau of Police , 958 F.2d 1242 (3d Cir. N.J. 1992)
    80. 80. Hygiene Policy that Patron Won on END <ul><li>END - “Etc.” depends on interpretation, no instructions to guards, no appeals process </li></ul>Objectionable appearance (barefooted, bare-chested, body odor, filthy clothing, etc. ) ... . or if his or her appearance &quot;interferes with the orderly provision of library services.&quot; E nforcement, N otice, D ue Process
    81. 81. Compare: Penis in Tights Case <ul><li>Rule: only said no shirt, no shoes </li></ul><ul><li>E qual protection claim lost </li></ul><ul><li>ND didn’t </li></ul><ul><li>seem to matter </li></ul><ul><li>Ruling: Visible genitalia “even more detrimental to the other patrons” than no shoes or shirt </li></ul>Doxy v. Chicago Public Library, CCHR No. 99-PA-31 (2001) Library won expansive reading of dress code
    82. 82. D ue Process (Appeals) Procedural Safeguards <ul><li>May not leave it to “whim of administrator” – objective standards </li></ul><ul><li>E qual Enforcement </li></ul><ul><li>N otice </li></ul><ul><li>D ue Process (appeals) </li></ul>
    83. 83. Post-CIPA lawsuit in North Carolina Library Board Sued by Patron Looking at Porn Ralph J. Miller v. Northwest Region Library Bd., P Gwyn, Librarian, J. Hedrick, Director , 2004 U.S. Dist. LEXIS 25403, December 8, 2004. Patron claimed he was banned from Library because of pop-up porn
    84. 84. Post-CIPA lawsuit in North Carolina Library Board Sued by Patron Looking at Porn Library Lost No Appeals Process 04:10 PM

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