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Ask the Lawyer | Recently Asked Questions


Library cards for minors

I’m assuming the age requirement for youth cards varies widely even among NYS libraries, but what are the key determining legal factors which inform how libraries settle on an age range for this policy? I can think of three factors, and libraries likely conflate all of them together. I’d like to extrapolate the real legal concerns so that I can more clearly determine our own library’s circulation policies regarding permission for youth cards.

Use of library space for private clubs

The board of trustees of a public school district library owns the library building. A private club occupies the entire second floor. The private club has traditionally not paid any rent or utilities, nor has it contributed to the upkeep of the building in any way.

The library, through a public vote of the school district, covers all of the costs of the building. Could the library be in danger of mismanagement of funds or losing its charter?

Timing of tax levy payments

Our library is supported by a school district tax levy. The levy provides the bulk of our annual budget. Out of the blue, the district has told us that rather than turning over the full amount of the levy (which it has done for years), the district will now pay over the money “as it is collected.” This could create a cash flow problem, since our remaining funds are budgeted for a construction project.

Is this “pay as you collect” approach legal? If it is legal, are there any options?