Library Meeting Rooms: Crafting Policies that Keep You In Charge and Out of Court

Transcription

1 Library Meeting Rooms: Crafting Policies that Keep You In Charge and Out of Court Deborah Caldwell-Stone, Deputy Director American Library Association Office for Intellectual Freedom

2 The Problem Conservative Christian organizations sponsoring campaigns that target libraries whose meeting room policies restrict the use of the library's meeting rooms for religious services.

3 The Problem The same organizations have filed lawsuits against libraries that refused to provide meeting room space to religious speakers and groups.

4 The Problem Libraries' own policies often not revised for years provide the opportunity for a lawsuit to happen.

5 Legal Fundamentals Public Forums: Free Speech Zones A traditional public forum is a place held in trust for the public to use for free speech activities, such as a town square or a city sidewalk. A designated public forum is a place not usually reserved for public use that is purposely created by the government for free speech activities undertaken by a part of the public or all of the public.

6 Legal Fundamentals The First Amendment prohibits the government from placing restrictions on speech in a public forum based upon the content of the speech. However, content-neutral restrictions on the time, place, or manner of speech are allowed if enforced in a non-discriminatory manner by the government.

7 Legal Fundamentals Because the public library is a place set aside by the government for the receipt of information and information services, the public library is a designated public forum. If the library opens another facility for additional speech activities beyond the provision of books, periodicals, and information services, that facility is also considered a public forum.

8 Legal Fundamentals The Establishment Clause of the First Amendment forbids government agencies from engaging in activities that have a religious purpose, or that advance or inhibit religion. The Free Exercise Clause of the First Amendment prevents the government from excluding religious groups or religious speech from a public forum that is intended for use by the public.

9 Meeting Rooms and the Courts Concerned Women for America, Inc. v. Lafayette County (1989, Texas) Pfeifer v. City of West Allis (2000, Wisconsin) Citizens for Community Values, Inc. v. Upper Arlington Public Library (2008, Ohio) In each of these lawsuits, the courts issued legal opinions holding that public libraries could not exclude religious groups from library meeting rooms on the grounds that the groups might discuss religious topics or engage in religious practices during the meeting.

10 Meeting Rooms and the Courts The courts say: Public libraries are not obligated to provide access to their meeting rooms, display cases, and other facilities. BUT - If a library opens its meeting rooms or other facilities to public use, those facilities are considered a designated public forum.

11 Meeting Rooms and the Courts The courts say: Speakers or groups cannot be excluded solely because of a disagreement with their views, or to avoid controversy or public disapproval A religious group's use of library facilities does not violate the Establishment Clause if no one would think the library endorses the religious group's message or activity.

12 Meeting Rooms and the Courts One Exceptional Case: Faith Center Church Evangelistic Ministries v. Glover (a.k.a. The Contra Costa case ) The Ninth Circuit Court of Appeals upheld the library's policy excluding religious activity on the grounds that the library had a legitimate interest in screening and excluding meeting room activities that could interfere with the library s primary mission; because Faith Center had advertised its event as a religious worship service, it could be denied access to the library's meeting room.

13 Meeting Rooms and the Courts But note: The court still placed limits on the library's ability to screen out religious activities, holding that the library could not prohibit religious groups from engaging in religious activities other than worship. It also warned that the library had to exercise caution when trying to distinguish between ordinary religious activities and a worship service. After further litigation, the court overturned the policy on the grounds that it required library staff to determine whether a proposed event constituted worship, thereby impermissibly entangling the public library with religion in violation of the Establishment Clause of the First Amendment.

14 Policy Fundamentals Library Bill of Rights "Libraries that make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.".

15 Policy Fundamentals Library Bill of Rights ". the library may not exclude any group based on the subject matter to be discussed or the ideas that the group advocates. If a library opens its meeting rooms to a wide variety of civic organizations, then the library may not deny access to a religious organization." -- Interpretation on Meeting Rooms

16 Policy Fundamentals Describe the meeting room facility with particularity and define who is eligible to use the facility. Regulate the time, place, or manner of use without reference to the content of a meeting or to the beliefs or affiliations of the sponsors. Protect due process: include a means of appealing a denial of space to the library director or the library board There is no need to include a specific clause addressing religious activities or worship

17 Policy Fundamentals Restrictions on length of meetings Frequency of using a room (e.g., no more than once a week/month) Rental fees for room or use of equipment Costs for cleaning if food or beverages are allowed Noise policies Consequences of not following policies An appeals procedure Above all, policy should be applied equally to all groups

18 If your library is challenged... Only communicate with the challenger through legal counsel if the challenge is a lawsuit or a letter threatening legal action. Review and revise your meeting room policy with the assistance of legal counsel and/or OIF staff. Remember that advocacy groups like the Alliance Defense Fund or Liberty Counsel cannot sue libraries without "standing."