Homeless Residents Sue Worcester Library over Borrowing Restrictions

The Legal Assistance Corporation and the American Civil Liberties Union have filed a class action lawsuit in U.S. District Court in Massachusetts, charging that the Worcester Public Library is unfairly restricting the borrowing privileges of residents who live in homeless shelters.

Identified as “Jane Doe,” the lead plaintiff in the case maintains that she is being allowed to check out no more that two books at a time, making her unable to homeschool her child. The lawsuit claims the library policy is unconstitutional. “Everybody should have equal access to a public library, regardless of whether they’re homeless,” Legal Assistance Corporation Executive Director Jonathan Mannina told the Associated Press July 6.

Worcester City Solicitor David M. Moore said in the July 7 Worcester Telegram and Gazette, “Legally, this is a reasonable policy to address nonreturned books.” He added that research shows “people without addresses or addresses at shelters accounted for a substantial percentage of books not returned.”

Central to the civil action is the assertion that by Massachusetts law “the library is required to establish a policy for the use of materials in accordance with the standards adopted by the American Library Association.” The suit cites the Library Bill of Rights, Code of Ethics, and various ALA policy statements related to the right to unrestricted access to public library resources.

Posted July 7, 2006.