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Maine Libraries Discussion List <[log in to unmask]>
Date:
Fri, 9 Sep 2022 10:39:08 -0400
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Lee Koenigs <[log in to unmask]>
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This is the section in our Patron/Visitor Code of Conduct doc, that
addresses this:



§  *INTERFERENCE:  *Help preserve others’ right to use the Library and the
Library staff to perform their duties.  Interfering with the above
includes, but is not limited to, sleeping, engaging in physical intimacy,
displaying offensive personal hygiene (or lack thereof), taking photos
and/or video without permission from the subjects
(i.e.staff/patrons/visitors) and any type of threatening behavior. (see
*THREATS*)





Lee M. Koenigs

Library Director

Libby Memorial Library

MLA Small & Rural Library Group Chair

Old Orchard Beach, ME 04064

207-934-4351



*From:* Maine Libraries Discussion List <[log in to unmask]> *On
Behalf Of *Bradley, Ellen
*Sent:* Friday, September 9, 2022 10:28 AM
*To:* [log in to unmask]
*Subject:* Re: [MELIBS-L] First Amendment Auditor at Skidompha



I would also look for a more blanket policy on behavior that includes
harmful, disruptive, threatening, or intimidating behavior that the
Director or managing staff on duty, in their sole discretion, determine
incompatible with the operating goals of the organization.

You never anticipate what you can’t imagine and boiling down policies to
very specific actions always worries me that we’re going to have split
hairs over what is and isn’t covered.

On Fri, Sep 9, 2022 at 10:22 AM Janet Wilson <[log in to unmask]>
wrote:

> Ben, thanks for the sample policy wording. I like the simplicity of
> yours, but now it leaves me with another question. If we adopted such
> a policy, would we be in violation of our own policy with our security
> cameras?
>
> Janet Wilson
>
> Quoting Ben Treat <[log in to unmask]>:
>
> > I encourage colleagues to set a policy on this, and then calmly enforce
> the
> > policy. Many/most First Amendment Audit folks are doing this *for* the
> > reaction, so that they can videotape the reaction and embarrass public
> > workers who "don't understand the First Amendment." They want to know
> what
> > your policy is, see it in writing, and know who set the policy, and what
> > gives that person the authority. They may be under the misperception
> that
> > a library is a municipal department even in communities where it is not.
> > It's good to be prepared for these sorts of things:
> >
> > 1) Have your governing authority (nonprofit trustees; municipal
> government;
> > etc) set a policy about:
> > *whether recordings are permitted,
> > *if so, where
> > *if so, under what circumstances, by whom, with what restrictions, with
> > what permissions, etc.
> >
> > For municipal government, this may include determining whether the
> library
> > is a limited public forum as opposed to a traditional public forum. It
is
> > often helpful to name spaces like bathrooms, staff offices, public
> > computers, and desks where circulation and reference transactions occur.
> > You may also want to make it clear whether a person who rents a meeting
> > room for an event can then record the event without express permission
> from
> > participants/audience.
> >
> > Bangor PL is a nonprofit, and it is our stated policy that people may
not
> > "photograph, audio-record, or video-record any private third party
> lawfully
> > entering into, using, or occupying library property without the express
> > consent of such third party."
> >
> > 2) Keep your trustees and municipal government informed of the policy
> >
> > 3) Keep responses to policy infractions very calm. You want to be so
> boring
> > that they don't bother to post the video.
> >
> > I know not everyone likes to see a cascade of new policies. Here is why
I
> > think this is a useful policy: the person who is recording others may
> have
> > the goal of destabilizing the space, sparking a conversation, and making
> > the conversation contentious. The lack of a policy can limit your
ability
> > to keep the realm out of people's feelings of safety. Keeping people
> > feeling safe is compelling to me and to most humans, but it is not as
> clean
> > a conversation and besides -- some First Amendment auditors are *trying*
> to
> > destabilize people's sense of complacency and comfort and safety.
> >
> > --Ben
> >
> > ----------------------------------------------
> > Ben Treat
> > Director, Bangor Public Library
> > 145 Harlow St, Bangor, ME 04401
> > Direct to me: 207-922-6064
> > Library's main line: 207-947-8336
> > [log in to unmask]
> > Pronouns: he/him/his
> >
> >
> > On Fri, Sep 9, 2022 at 9:34 AM Bradley, Ellen <
> > [log in to unmask]> wrote:
> >
> >> I’m going to go back and review my notes from my discussion with
Maine’s
> >> DAG during the pandemic about requiring masks to enter the building. He
> was
> >> pretty clear that even though there was a public space consideration,
> >> libraries were still able to set policies about who could come in and
do
> >> what on their premises. The No Shirt, No Shoes, No Service rule. It may
> >> requires trustees passing policies that clearly state when and what
> someone
> >> can film or photograph in the library but I think it’s worth pursuing.
> >>
> >> My concern is that if you have a person who is protecting their or
their
> >> child’s location - because library visit do narrow down someone’s
likely
> >> area of residence - is someone who is filming the library including
> patron
> >> activity without permission or the option to be excluded from the
video,
> >> with the intention of posting that video to an unrestricted internet
> >> platform, are they not potentially endangering someone? Does the
> >> photographer’s 1st Amendment right trump the right of the patron to say
> no
> >> - I don’t want my kid on that video on YouTube because a non-custodial
> >> person has bad intentions?
> >>
> >> We are tenants in a building owned by the town but not a town
> department,
> >> and the building sits on land owned by the school district. You have to
> >> cross school district property to access the library. We are trying to
> >> figure out now because of this videoing issue to what extent school
> >> district policy and legal considerations apply to our duty to protect
> kids’
> >> identities. If any has any input on this in particular, I welcome that!
> >>
> >> I’m going to be really hard pressed not to endanger my employment
> status by
> >> telling someone who comes in to film our library as a 1st Amendment
> Audit
> >> to “Get out and go find a life.”
> >>
> >> So many better things to do in our community.
> >>
> >> On Fri, Sep 9, 2022 at 9:04 AM Jason Fenimore <[log in to unmask]>
> >> wrote:
> >>
> >> > That doesn't seem right at all--a guy with a camera --without asking
> >> > first--taking pictures of staff.
> >> > I guess one will say if you work in a library you're fair game.
> >> > But still somethings off-kilter there.
> >> >
> >> > Jason Fenimore
> >> > Reference Librarian
> >> > Louis B. Goodall Memorial Library
> >> > 952 Main St.
> >> > Sanford, ME 04073
> >> > www.lbgoodall.org
> >> >
> >> > On 9/8/2022 11:19 AM, Skidompha Library Youth Services wrote:
> >> > > Hi all,
> >> > >
> >> > > Since these things tend to cluster, we wanted to share that we had
a
> >> > > visitor with a camera in our library for at least an hour
> yesterday. He
> >> > > filmed every inch of the library and got several staff members on
> >> camera.
> >> > > It was very slow when he was here so we don't believe he filmed any
> >> > > patrons. As like in Camden a week or so ago -- he didn't say much
> to us
> >> > and
> >> > > we didn't say much to him. Thankfully, he left about 5 minutes
> before
> >> we
> >> > > would have needed to tell him we were closing.
> >> > >
> >> > > Happy Thursday, y'all. :)
> >> > > Jessie
> >> > >
> >> > >
> >> > > Jessie Trafton
> >> > > Youth Services Librarian
> >> > > Skidompha Library
> >> > > 184 Main Street
> >> > > Damariscotta, ME 04543
> >> > > 207.563.5513
> >> > > [log in to unmask]
> >> > > She/her/hers
> >> > >
> >> > > *The greatness of a community is most accurately measured by the
> >> > > compassionate actions of its members.* -Coretta Scott King
> >> >
> >> --
> >> Ellen Bradley
> >> Director
> >> Turner Public Library
> >> 207-225-2030
> >> www.turnerpubliclibrary.org
> >>
> >> *Books are just the beginning...*
> >>
>
>
> --
> Janet Wilson, Director
> Rangeley Public Library
> P.O. Box 1150
> 7 Lake St.
> Rangeley, ME 04970
> (207)864-5529
> [log in to unmask]
>
-- 
Ellen Bradley
Director
Turner Public Library
207-225-2030
www.turnerpubliclibrary.org

*Books are just the beginning...*

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