Dear Carol:
Two of our four locations reside within courthouses which have airport-style
security, and there has been no protest about that. However, the requirement of
wearing an ID card has not been tried here.
The San Diego County Public Law Library recently won a case in the 4th District
California Court of Appeal (unpublished decision), wherein we were allowed under
a California Workplace Violence Statute to obtain a restraining order against a
patron who shoved one of our librarians. We got the RO for only 18 months,
instead of the typically 3 years given in domestic cases, and we had to allow the
person the right to use one of our branch libraries. The trial judge's reasoning
was that the person had a constitutional right to access the law someplace. He
also noted that, although the person did have a very offensive manner of cussing
out every librarian who worked with him, that alone was insufficient to sustain
an RO. Only the actual shoving or a perceivable threat warranted enough of an
act to restrict him in any manner.
We do also employ the one-day rule against smelly and offensive patrons who
disturb other users, as allowed under Kreimer. I.e., we will ask a person to
leave for the day if he or she cannot control himself or is sufficiently smelly
that it disturbs others, but we have to let the person back in the next day.
In spite of those applicable restrictions, I would think most courts would find
your security restrictions too restrictive, unless it was held that there was
sufficient alternative access to other law libraries for people who did not have
ID's.
Charles Dyer
Carol Billings wrote:
> Our public/state law library is in the Supreme Court building--opening off
> of the main lobby right inside the building's front doors. The court has
> placed security guards on duty, and everyone entering the building has
> been required for the past few years to run their possessions through
> an airport-style x-ray machine and to walk through a metal detector. The
> court has just today instituted a new policy that requires everyone
> entering to show identification, sign in, wear a "visitor" tag while in the
> building and then sign out before departing. I just inquired of one of the
> guards what happens if someone wishes to use the library but does not
> happen to have identification with him or her. I was told that the person
> may not enter. Maybe I'm crazy, but I'm outraged! I have made the
> statement that I have never had to present identification to be admitted to
> any type of library. I would very much appreciate knowing whether any
> other public libraries have security restrictions that have the effect of
> limiting access. I would also like to know if any colleagues have access
> policies or know of instances where the right of access to public
> libraries or other public buildings has been tested legally. I'll very much
> appreciate hearing from you. Carol Billings, Law Library of Louisiana
-- Charles R. Dyer Director of Libraries San Diego County Public Law Library cdyer@sdcll.org http://www.sdcll.org
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