[OPLINLIST] (no subject)

[carolbaker@newtonfalls.org]

This is taken from a paper by Adam P. Webb. Problem Patron Policies in
Public Libraries: A Content Analysis. A Master’s paper for the M.S. in
L.S. degree. April 2005. 47 pages. Advisor: Claudia Gollop
http://etd.ils.unc.edu/dspace/bitstream/1901/188/1/apwebb.pdf

"The constitutionality of specific problem patron policies has been
questioned in the case of “Kreimer v. Bureau of Police, Morristown, N.J.”.
Richard Kreimer was a homeless man who, when expelled from the Morristown
Public Library for being malodorous, sued due to an alleged infringement
of his First Amendment rights. A federal district court sided with
Kreimer, ruling that the library had unconstitutionally denied him access
to materials. However, a federal appeals court overturned that decision,
holding that the only constitutional rights that must be protected are
those regarding “traditional” library behaviors such as reading and
studying. Therefore, smelling so badly that other patrons are highly
offended is an acceptable policy (Comstock-Gay). As Stuart Comstock-Gay
wrote, a library serves its users well by “establishing clear conduct
rules and by letting everyone know what behavior is acceptable ... and
what behavior is unacceptable.” The Kreimer decision has probably led to
many libraries creating hygiene-related policies and other policies that
are constitutionally sound as well as acceptable to the community at
large."

However you decide to handle the malodorous situation, remember to do so
carefully.  You may want to check with libraries such as Morristown to see
what policies they have established.

Carol C. Baker
Adult Services Librarian
Newton Falls Public Library
204 South Canal Street
Newton Falls, Ohio 44444
Phone (330)872-1282
Fax (330)872-9153
www.newtonfalls.org