Re: Restricted access to public law libraries

From: LeGrande Fletcher (fletcherl@lawgate.byu.edu)
Date: Tue Nov 02 1999 - 10:18:46 PST


Carol Billings--

I would suggest contacting GPO in Washington DC,
specifically Sheila McGarr. As a federal documents
depository library (even one under the special rules for
state supreme court libraries), it seems to me the i.d.
requirement is too restrictive for library access.
(You may also want to post a note to GOVDOC-L
to get federal depository librarian suggestions.)

I would also suggest: Greta Boeringer, "Whose Law
Is It Anyway?" Jurisdocs, Spring 1998, pp. 5-6
(vol. 20, no. 2). In addition to the U.S. federal government
document reasons for public access to (academic) law
libraries, Ms. Boeringer cites the AALL Code of Ethics,
and our duty to promote free and effective access to
legal information. (She is the current chair of AALL's
Government Documents SIS.)

I worked at a public law library (Washoe County) in
Reno, Nevada for three and a half years, during which
time airport-type security was implemented. Identification
was never asked for, only metal detector and book bag/
purses through the conveyor belt. My general impression
is that this reduced some of our visitors and was
inconvenient for others, but tolerated since all courthouse
use (clerks office, etc.) used the same security.

The only court case (from Nevada) tangentially related
is O'Conner v. Mowbray, 504 F. Supp. 139 (1980), where
non-attorney patrons complained they were not allowed
to use the Nevada Supreme Court Library on an equal
footing with attorney patrons, and the federal court tried
to find a way to balance the situation.

--G. LeGrande Fletcher
  Government Documents/Microforms Librarian

  Brigham Young University
  Howard W. Hunter Law Library
  260C JRCB
  Provo UT 84602-8000

  (801) 378-9051 / 378-2188 fax
  LeGrande_Fletcher@byu.edu

>>> Carol Billings <CBILLING@lasc.org> 11/01/99 02:42PM >>>
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



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