Andy;
This too is inherently different than requiring identification to just
*enter the library - In a ct.house file room the physical atmosphere(often
hectic,crowded) is such that once the clerk gives someone a file, it would
be near impossible to keep that person from perhaps tampering or even
walking off w/ it - as sometimes happens. In addition, court files are
often *active cases where removal of contents may be critical .. Books, on
the other hand often contain security strips, so that *if someone were to
attempt to walk off w/o a book, an "alarm would sound. To use Hal's
example; how would you feel about signing your name & showing ID every time
you entered & exited a 7-11? or to just meet some freinds in the mall?
There was recently a case which confirmed that Police do *not have the
right to just walk up to any individual without specific cause & question
or request ID(I saw it in a passing email post - perhaps someone else has
the specific citation). The court found that such action to be a breach of
the constitution. Regardless of all the good intentions for doing so, our
laws frown on such demands.
It's important to keep in mind that while one particular restriction may
not seem particularly harsh, it often paves the way for yet other
subsequent restrictions.
Just my HO
Karen Mahnk
At 05:40 AM 11/3/1999 -0800, Andy Grossman wrote:
>Recently I needed to review the file of a (closed)
>bankruptcy case in the C.D. Cal. The procedure is for
>the clerk to take the *California* driver's license of
>the patron as security.
>
>I did not have a California driver's license. I had a
>Quebec one.
>
>Although it was clear that he felt he was going
>outside the rules, after some discussion the clerk
>agreed to take my passport as security while I
>inspected the file and had photocopied what I needed.
>
>I wonder what would have transpired had the clerk been
>an officious work-to-rule sort of person.
>
>Andy Grossman
>University College London, SLAIS
>
>--- Carol Billings <CBILLING@lasc.org> 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
>>
>>
>
>
>=====
>
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