In Flu Season, Can a Library Staffer Tell Someone To Leave?
Attorney says don't confront or diagnose
Lynn Blumenstein -- Library Journal, 09/23/2009
- Kreimer v. Morristown as cautionary example
- Librarians offer preventive tips
- Time for digital delivery?
With the onset of flu season and heightened awareness of the new H1N1 virus, librarians are concerned over their role in preventing the spread of infection. On several online forums, they’re questioning the boundaries of their responsibility in safeguarding themselves and library patrons.
Don’t diagnose
These discussions have prompted a response by attorney Grayson Barber on the LibraryLawBlog. She cautioned against attempting to diagnose symptoms and asking patrons to leave.
"If you suspect a customer has H1N1, and you ask them to leave for that reason, you are taking a huge risk if you guess wrong," wrote Barber. She advised that "the better approach would be to encourage the customer to comply with posted guidelines for protecting himself, herself, and the community."
She does cite an exception: "a scenario like Mexico’s last year, in which the public health authorities declared a state of emergency."
Legal concerns
Concern over enforcing behavioral rules is a longstanding issue for libraries. Barber cites the infamous Kreimer case (1992), in which a U.S. Appellate Court ruled that members of the public have a First Amendment right to use the library, yet libraries also have a right to make reasonable rules of conduct.
LibraryLaw Blog entries from 2007 reference discussions of communicable diseases ranging from pink eye to tuberculosis. In one case, since the patron announced her children had the chicken pox, the librarian felt justified in telling them to leave. (The patron threatened to sue, only to find out that she was the one in danger of being sued by the city for endangering public officials.) This action was followed up updating the library’s policy to address contagious diseases.
On the PubLib list, more recent (September 21) discussions addressed the issue of asking patrons to leave if they have the H1N1 virus. Most posters were hesitant to act as diagnosers and preferred to handle the situation proactively by swabbing disinfectant on equipment and posting signs. A small-town librarian noted that her facility offers home delivery of materials in case of illness.
Another poster turned the situation into a marketing opportunity for digital products. "I've been encouraging staff to....remind patrons that we also have downloadable movies and audiobooks which don't require that you even leave your house.
Contact the author: Lynn.LJarticles@gmail.com
