-5

The local library revoked my library privileges in order to issue a No Trespass order, based upon a verbal altercation between a staff member and myself after I refused to wear a mask.

Is this legal without a written order served to me by a law enforcement officer?

Nate Eldredge
  • 29,428
  • 89
  • 90
  • 2
    As Edited this is a question about the law, and not a request for specific legal advice. Therefore it should be reopened. Loaction information would enable a better answer. – David Siegel Sep 06 '21 at 14:50

1 Answers1

2

If this is a private library, yes

A private organisation can ban anyone from their premises providing that the reason is not or is not a proxy for a protected characteristic.

Engaging in a "verbal altercation" is not a protected characteristic so, absent other information, this would be fine.

If this is a public library, yes but ...

Specifically, a public library (or another public facility) could ban a disruptive individual and they would not need to involve law enforcement.

However, for such a ban to be effective and enforcable:

  • the ban must be for a good reason. "Verbal altercation" if it rises to the level of abuse of staff members is probably a good reason.
  • reasons for banning should be applied universally. It's not permissible to ban one person for the same behaviour that is tolerated from another. Of course, "verbal altercation" covers a wide range of behaviours from testy petulance to assault.
  • the person banned must have a chance for their side of the story to be heard and considered. This would include whether a ban based on "hearsay" is appropriate - that is, behaviour reported to the banner by third parties rather than being directly witnessed. The process is unlikely to be as formal as a court so strict rules of evidence like the hearsay rule are unlikely to be required.
  • the ban cannot be in response to the exercise of a First Amendment right. The First Amendment protects the content of speech but can be restricted in time, place and means of expression: for example, this is a library, a person who yells or shouts in a library is not protected by the first amendment.
  • the public facility must provide a means of conducting essential business. Some functions of a library might be considered essential, others not. For those that are, the library must make appropriate accommodations - like allowing you to access those if you wear a mask.
Dale M
  • 208,266
  • 17
  • 237
  • 460