Libraries and the Law

Libraries and the Law Dr. Arlene Bielefield, MLS, JD Southern Connecticut State University Department of Information and Library ScienceEmail: lakeview01@comcast.net Phone: 860 349-1966

Authority The Law ALA Code of Ethics ALA Intellectual Freedom Manual with Bill of Rights Policies [Library/Town]

Confidentiality of Library Records Massachusetts General Laws, Chapter 78, Section 7 says, …“That part of the records of a public library which reveals the identity and intellectual pursuit of a person using such library shall not be a public record as defined by clause Twenty-sixth of section seven of chapter four. …”

What Types of Patrons & Libraries are Covered by the Law? All patrons, without distinction by age or other attributes, are covered by the law. Only “public Libraries”* are mentioned in the law. *Public Library defined under Section 7: “A town may establish and maintain public libraries for its inhabitants under regulations prescribed by the city council or by the town, and may receive, hold and manage any gift, bequest or devise therefor. …”

What’s Confidential? Registration records Reference interviews Materials borrowed Circulation records Information requested Information received Materials consulted Computer search records ILL loan transactions Personally identifiable uses of library materials, facilities and services

Who Can Access the records and actions of the Cardholder? 1. Library staff acting within the scope of their duties in administration of the library system and in facilitating interlibrary loans; 2. Government officials with a legally authorized subpoena or search warrant; 3. Cardholder and persons authorized in writing by the cardholder may have access to the cardholder’s information. Unless given permission, no one else can have access to the information about the cardholder’s records, including parents of children using the library and borrowing materials.

Children & Parents or Guardians The policies of Massachusetts public libraries vary, with some clearly stating that children’s records are not available (without permission) to parents or guardians. Boston Public Library says: “Circulation, registration information, and information retrieval records may not be disclosed except to: The cardholder (with card or other proper id). NOTE: This is regardless of age or relationship. For example, parents cannot be told what materials a child has checked out without the child’s consent….”

Worcester Public “The Library collects only the minimum personal information necessary to provide effective services for its users. Library records that identify library users by name are confidential. Such records will not be made available except as permitted in the Massachusetts General Laws or with the explicit permission of the user in question or pursuant to judicial process, subpoena or court order. “

Child/Parent Exceptions Others openly make exceptions. For example Springfield City Library states: “The only exception to this [privacy] policy is in the case of cardholders seventeen years old and younger, who have overdue fines of $10.00 or more or who have one billed item on their patron record. In this instance, a parent or legal guardian, upon supplying proper identification, will be provided with information about titles that are checked out on the minor's library card. If library staff are unable to confirm the identity of the parent or guardian, no confidential information will be supplied.”

Another Example of an Exception South Hadley Public Library “In accord with the law, the policy of the library is not to reveal the borrowing records, holds, or fine records to any person other than the owner of the library card. The library does recognize that it may be necessary for a parent or legal guardian to be provided with information about a minor’s library records (e.g. when a child’s library materials have incurred fines or are lost). In these cases, the parent or legal guardian who is financially responsible for the child’s library materials will be supplied with the pertinent information.”

Some libraries do not state their policy on privacy A number of libraries had circulation and other policies but said nothing about privacy. In talking with library staff, I found some gave parents free access to children’s records. In some instances the decision was made by children’s department personnel. In other instances, the Library Director made an ad hoc decision to give the information to a parent.

Where to Turn In Connecticut the issue of parents access was raised over and over. So, the State Librarian asked for an interpretation of the law by the Attorney General. If this hasn’t been done in Massachusetts, why not give it a try? It’s just an opinion, not a true test [court case decision] but it is a strong foundation upon which to formulate a policy.

Connecticut AG’s Opinion “…while [the law] may makethe minor’s circulation records unavailable to the public generally, The minor’s parents are not part of the “public” and minors under such circumstances do not have a legitimate expectation that theinformation will not be available to their parents.

Unattended Children Chapter 119, Section 39, of the Massachusetts General Laws, concerns the abandonment of a child under 10 and defines neglect as being “failure by a caretaker, either deliberately or through negligence or inability, to take ...actions necessary to provide a child with minimally adequate…supervision… Neglect can occur ... in an out-of-home or in-home setting. A library policy about unattended children is usually enough in itself, but in extreme cases—where a child is consistently left alone at the library and talking with the parent or guardian doesn’t work--knowing this part of the law could be helpful.

Springfield Safe Child Policy ... an unattended child [is one] whose parent or caregiver is either not in the library or is in the library but is not adequately supervising that child. ... Children aged seven and under must be accompanied and adequately supervised by a parent, guardian, or other responsible adult. Children eight and older may use the library unattended, but are subject to the rules and regulations in effect regarding behavior and conduct. Children determined by the staff to be disrupting normal library activities will be given one warning and then will be asked to leave if the behavior persists. The Springfield Library assumes no responsibility for children of any age left unattended in the library. Under no circumstances will library staff transport any child from the library during or after business hours. ...

Boston Public Safe Child Policy An unattended child is a child of any age who is apparently unaccompanied by a responsible adult... Supervising adults must be close at hand... As in all public places, “stranger danger” is a real concern. Library staff cannot prevent children from interacting with or leaving with persons who are not the appropriate chaperone.If the Library is closing, at a regular time or in an emergency situation, and a parent or guardian of a child cannot be located in the building, the Boston Police Department will be called to take the child.

Sample of Other safe child policies 1. All children under the age of ten should be accompanied by a parent or other adult who is responsible for the child. Unattended children are a safety concern for all library users. [South Hadley] 2. Children aged eight and under may not be left unattended. Lost or unattended children aged eight and under will be returned to their parents or caregivers. Children under the age of 12 may not act as caregivers for younger children. [Newton] 3. All children 7 years or younger must have a parent/caregiver in the immediate vicinity of and in visual contact with the child…Children 8 years and older may use the library unattended, subject to the rules and regulations of the library…Children ages 8 through 13 may use the library on their own…If a child of this age group is not able to leave the library without an adult, he/she should not be in the library unattended. [Malden]

Looking to the Future Soon, Massachusetts will have casinos. Kids are often left alone in the arcades there. Connecticut enacted a law about unsupervised kids that covers places of public accommodation. Some libraries in the state have been using it as a basis for their policy on unattended children.

CT General Statutes 53-21a (a) Any parent [guardian] having ...supervision of a child under the age of twelve who knowingly leaves such child unsupervised in a place of public accommodation...for a period of time that presents a substantial risk to the child's health or safety shall be guilty of a class A misdemeanor. If the place serves liquor, the offense becomes a class D felony. (c) Any parent [guardian] having ... supervision of any child under the age of twelve who knowingly leaves such child unsupervised in a place of public accommodation ...between the hours of eight o'clock p.m. and six o'clock a.m. for a period of time that presents a substantial risk to the child's health or safety, shall be guilty of a class C felony.

When are librarians legally required to step in while working with youth? Assume you think a child is being abused: Who are mandated reporters? • Social workers • Teachers and other school personnel • Physicians and other health-care workers • Mental health professionals • Child care providers • Medical examiners or coroners • Law enforcement officers

Good Samaritan Laws There are several laws in Massachusetts insulating those rendering aid from liability, but no law requiring a bystander to provide assistance. The law creates a duty to report, but not a duty to aid. Chapter 268, Section 40 provides “Whoever knows that another person is a victim of ... a crime and is at the scene of said crime shall, to the extent that said person can do so without danger or peril ..., report said crime to an appropriate law enforcement official as soon as reasonably practicable.” Separate statutes free EMS personnel, physicians and nurses and the general public trained in CPR from personal liability.

Ensuring comfort and safety Making rules for patron conduct in public libraries Kreimer case, 1992 court decision Applies only to NJ and PA but has been used everywhere Debate about outcome continues Court said: Library users must engage in activities associated with public library use Patrons must respect each others’ rights Patrons must wear a shirt or other covering of their upper bodies, and footwear Patrons must practice good bodily hygiene

Code of Conduct Topics Weapons Crimes Alcohol Tobacco Drugs Lewd conduct Shirts, shoes Library materials Library furniture Library building use Meeting rooms Public space v staff space Loitering Phones Restroom use Responsibility for personal items Disruptive conduct Playing loud music Harassing other patrons Loud talking Staring Threatening Soliciting Library Grounds Bicycles Roller skates, skateboards Parking Animals Child supervision

Partial Sample of Code The following conduct is prohibited on Library property: • 1. Committing or attempting to commit any activity that would constitute a violation of any federal, state, or local criminal statutes or ordinances. • 2. Possessing a weapon, except as allowed by State law or Federal law. • 3. Using Library materials, equipment, furniture, fixtures, or building in a manner inconsistent with customary use; or in a destructive, abusive, or potentially damaging manner. • 4. Being under the influence of alcohol/illegal drugs, selling, using, distributing, or possessing alcohol/illegal drugs. • 5. Committing offensive touching, or engaging in sexual conduct, or obscene acts such as indecent exposure. • 6. Engaging in conduct that disrupts or interferes with the normal operation of the Library, or disturbs library staff or patrons, including, but not limited to, conduct that involves the use of abusive or threatening language or gestures, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior. • 7. Verbally or physically threatening or harassing other patrons, volunteers, or staff, including stalking, staring, or lurking. • 8. Using cellular phones, pagers, and other electronic devices in a manner that disturbs others.... Oswego Public

Examples of Codes of Conduct Lake Oswego Public (Library Code of Conduct) http://www.ci.oswego.or.us/library/policy/conduct.htm Boston Public (Appropriate Library Use0 http://www.bpl.org/general/policies/acceptableuse.htm Springfield Public (Behavior Policy) http://www.springfieldlibrary.org/policies/behavior.html Worchester Public (Rules Governing Use) http://www.worcpublib.org/pdf/Patron%20Behavior%20Rules.pdfBeh

Other Important Policies Circulation Fines Access to Materials Collection Development Fundraising Gifts Computer/Internet Use Outreach E-reader Exhibits Meeting Rooms Posting announcements Reciprocal Borrowing Consortia Social media Safe Child School Cooperation Privacy Volunteers Personnel Grounds Use Parking Equipment Use Equipment Borrowing

Policy Examples Westport Public Library http://www.westportlibrary.org/about/policies Springfield City Library http://www.springfieldlibrary.org/policies/policies.html Miami –Dade Public Library System http://www.mdpls.org/info/policies/PoliciesAll.asp Worcester Public http://www.worcpublib.org/about/policies.htm

Library Building Resources 1. Facilities Standards for Public Buildings U.S. General Services Administration booklet, 324 pages Http://www.wbdg.org/ccb/GSAMAN/p100.pdf 2. MassCosh– Massachusetts Coalition for Occupational Safety and Health http://www.masscosh.org/ 3. Building Libraries and Library Additions: A Selected Annotated Bibliography http://www.ala.org/tools/libfactsheets/alalibraryfactsheet11

Libraries and the Law