Re: Restricted access to public law libraries

From: Hal Weiner (druidlaw@interport.net)
Date: Wed Nov 03 1999 - 04:15:49 PST


Certain libraries may have mixed use(Judicial & public) but those libraries
whose primary/sole purpose is access to the public, perhaps should not be
grou[ped w/i
federal facilities/bldgs. where security is important.
Karen

At 10:20 AM 11/2/1999 -0500, Kurt Metzmeier wrote:
>As far as I understand from a scheduled tour I took during the AALL annual
>meeting, access to the U.S. Supreme Court library is strictly restricted to
>the the Court, staff of the Court and attorneys admitted to the U.S.
>Supreme Court Bar, although I suspect some exceptions are made. However,
>it is also true that the Library of Congress Law Library, not the smaller
>Supreme Court library, is closer to being the national law library.
>
>I'd like to think that high court justices rise above personal comfort and
>ease of mind, but it gives one pause to think that a constitutional
>challenge to such a policy would be decided by two sets of state and
>federal judges who would be surely cognizant that the result may be to open
>their libraries up to unidentified members of the general public. In many
>states, because of state constitutional balance of powers issues, any
>lawsuit would, by necessity, name the court or a body it administers as
>defendant. In many states the legislature or executive is powerless to
>apply general public access laws to the judicial branch.
>
>I guess this raises one point for an elective rather than appointive court.
>
>Kurt Metzmeier,
>University of Kentucky Law Library
>
>
>At 03:42 PM 11/1/99 -0600, you 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
>
>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>Kurt X. Metzmeier
>Coordinator of IS, UK College of Law
>PH 606.257.1359 FAX 606.323.4906
>
>http://www.uky.edu/Law/CISS
>
>
>
>

========================================
Hal Weiner, COLES & WEINER, P.C
Members of the National Employment
Lawyers Association / New York Chapter
342 Madison Avenue New York, NY 10173
(212)856-9530 vox (212)682-3770 fax
http://www.peconic.net/lawyers
E-mail: druidlaw@interport.net
========================================



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