ITEM NUMBER: 4.02 a-d

CHAPTER 4: Library

Statements

CODE: Policy

COMPUTER ID: LS-2



Title: Administrative Policies and Procedures Affecting Access to

Library Resources and Services, An Interpretation of the

Library Bill of Rights.

Effective Date: 11-24-86

Authorized By: Library Board of Trustees

Date of Last Review: 7-2013



Guidelines for the Development and Implementation of Policies, Regulations and

Procedures Affecting Access to Library Materials, Services and Facilities



The American Library Association has adopted the Library Bill of Rights

and Interpretations

of the Library Bill of Rights

to provide library governing authorities, librarians and other

library staff and library users with guidelines on how constitutional principles apply to

libraries in the United States of America.



Publicly supported libraries exist within the context of a body of law derived from the United

States Constitution and appropriate state constitutions, defined by statute, and

implemented by regulations, policies and procedures established by their governing bodies

and administrations. These regulations, policies and procedures establish the mission of

the library, define its functions, services and operations and ascertain the rights and

responsibilities of the individuals served by the library.



Publicly supported library service is based upon the First Amendment

right of free

expression. The publicly supported library is a governmental entity that provides

free, equal, and equitable access to information for all people of the community it

serves. When this purpose is confirmed in policies and practices, the library is

a designated limited public forum

for access to information. When library policies or

practices make meeting rooms, exhibit spaces, and/or bulletin boards available for public

use, these spaces are designated as limited public forums for the exchange of information.



Since the Library Bill of Rights "affirms that all libraries are forums for information and

ideas," libraries that are not publicly supported are encouraged to observe these guidelines

as they develop policies, regulations and procedures.



Libraries adopt administrative policies and procedures regulating the organization and use

of library materials, services and facilities. These policies and procedures affect access and

may have the effect of restricting, denying or creating barriers to access to the library as a

public forum, including the library's resources, facilities and services. Library policies and

procedures that impinge upon First Amendment rights are subject

ITEM NUMBER: 4.02 b



to a higher standard of review than may be required in the policies of other public services

and facilities.



Policies, procedures or regulations that may result in denying, restricting or creating

physical or economic barriers to access to the library's public forum must be based on a

compelling government interest. However, library governing authorities may place

reasonable and narrowly drawn restrictions on the time, place or manner of access to

library resources, services or facilities, provided that such restrictions are not based upon

arbitrary distinctions between individuals or classes of individuals.



GUIDELINES



The American Library Association's Intellectual Freedom Committee recommends that

publicly supported libraries use the following guidelines, based on constitutional principles,

to develop policies, regulations, and procedures.



All library policies, regulations, and procedures should be carefully examined to determine if

they may result in denying, restricting or creating barriers to access. If they may result in

such restrictions, they:



1. should be developed and implemented within the legal framework that applies to the

library. This includes: the United States Constitution

, including the First and

Fourteenth Amendments, due process and equal and equitable treatment under the

law; the applicable state constitution; federal and state civil rights legislation; all

other applicable federal, state and local legislation; and applicable case law;



2. should cite statutes or ordinances upon which the authority to make that policy is

based, when appropriate;



3. should be developed and implemented within the framework of the Library Bill of

Rights and its Interpretations;



4. should be based upon the library's mission and objectives;



5. should only impose restrictions on the access to, or use of library resources,

services or facilities when those restrictions are necessary to achieve the library's

mission and objectives;



6. should narrowly tailor prohibitions or restrictions, in the rare instances when they are

required, so they are not more restrictive than needed to serve their objectives;



7. should attempt to balance competing interests and avoid favoring the majority at the

expense of individual rights, or allowing individual users' rights to interfere

LIBRARY ITEM: 4.02 c





materially with the majority's rights to free, equal, and equitable access to library

resources, services and facilities;



8. should avoid arbitrary distinctions between individuals or classes of users, and

should not have the effect of denying or abridging a person's right to use library

resources, services or facilities based upon arbitrary distinctions such as origin, age,

background or views;



In the Library Bill of Rights and all of its Interpretations, it is intended that: "origin"

encompasses all the characteristics of individuals that are inherent in the

circumstances of their birth; "age" encompasses all the characteristics of individuals

that are inherent in their levels of development and maturity; "background"

encompasses all the characteristics of individuals that are a result of their life

experiences; and "views" encompasses all the opinions and beliefs held and

expressed by individuals;



9. should not target specific users or groups of users based upon an assumption or

expectation that such users might engage in behavior that will materially interfere

with the achievement of substantial library objectives;



10. must be clearly stated so that a reasonably intelligent person will have fair warning

of what is expected;



11. must provide a means of appeal;



12. must be reviewed regularly by the library's governing authority and by its legal

counsel.



13. must be communicated clearly and made available in an effective manner to all

library users;



14. must be enforced evenhandedly, and not in a manner intended to benefit or disfavor

any person or group in an arbitrary or capricious manner;



Libraries should develop an ongoing staff training program designed to foster the

understanding of the legal framework and principles underlying library policies and

to assist staff in gaining the skill and ability to respond to potentially difficult

circumstances in a timely, direct and open manner. This program should include

training to develop empathy and understanding of the social and economic problems

of some library users;

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15. should, if reasonably possible, provide adequate alternative means of access to

information for those whose behavior results in the denial or restriction of access to

any library resource, service or facility.







Adopted by the ALA Intellectual Freedom Committee June 28, 1994; revised January

19, 2005

[ISBN 8389-7761-8]