Recently Asked Questions (RAQs)

We are revising our Meeting Room Policy. Currently we have a group of seniors who meet at our library for [really healthy] exercise in the morning before the library is open. They have been doing this for about [many] years. As we know the participants very well and they want to meet before the library is open, we have allowed them to come into the building when it is not officially open.

There is no staff on duty. They open and lock up when finished. This has been a wonderful service we can provide our seniors in a rural community where there are very few options for group gatherings. We would like to keep this practice in place.

However, as we discuss the meeting room policy, we realize that we would not be comfortable with having other groups be in the library when we were not open to the public with staff present.

Can we write our policy to allow this group to continue with the current practice, yet limit other groups to only use the meeting room when the library is open.

My association library is updating our meeting room policy. I've read Ask the Lawyer's previous advice on meeting rooms, as well as ALA's guidance. I have two questions that I can't find guidance on:

1. Private Use: We have only one meeting space that's used for library programs and by outside groups. It's adjacent to office space and a kitchen, so staff may need to walk through the meeting room at any time. When people reserve the room, we do tell them that it's not completely private for that reason so they know what to expect.

Our current policy states that the room "may not be used for private social functions, such as showers, birthday parties, wedding receptions, etc. unless permission is granted by the board of trustees." In practice, we have groups of card players, knitters or private meetings (local businesses, homeowners associations) regularly at no charge. If someone rented the room for a party, we would charge. I see those private meetings or activities as different from parties. Are we able to differentiate between types of private uses of the space?

2. Different fees for residents: If we charge fees, can we have different charges for people in our service area vs. people from out of town? We do live in a tourist area, and people will meet here as a destination. If a local non-profit reserves the room, I'd like it to be free, but if a non-profit that's not located in or serving our area wants to book it, I'd want to charge them. For out-of-town profit-making entities, I'd want to charge more. Can we set whatever fee structure we want?

For context, our chartered to serve area is our town, but we receive a tax levy from a larger area (our school district). We'd consider school district residents local.

We recently received 2 questions that raised related issues, so we've merged them in this "Ask the Lawyer Meeting Room Question Mash-Up" RAQ.

Here is question 1:

"Students frequently meet in the library with tutors. This typically happens in the open areas of the library but also in a few small study rooms. These rooms are available to everyone, restricted only by number of people and available for 1 hour on a first come, first served basis. Individuals and groups may stay longer in a particular room if no one else is waiting for the space. Rooms are not available to book ahead of time.

Some of the tutors are likely charging for their time, though many are not (studying with friends or similar). We have always considered the library's service to the students as paramount over any benefit to the tutor but is this an allowable use of library space due to the possible inurement and aid to an individual?"

Here is question 2:

"I've just finished viewing the first amendment audit webinar.... Such a great resource. Thank you!! I was wondering about meeting spaces and the language we can use to protect patrons in areas that they have been reserved for private meetings (scouting group in the meeting room, deposition in a tutoring room, tutoring, tele-med sessions, supervised visits etc.)"

My library (municipal public library) is working on updating the meeting room policy for a number of reasons. Two major pieces of focus are what types of groups/organizations are able to request use of the meeting rooms. The other piece is requiring all meetings to be open to the public.

Currently the policy indicates that the primary use of meeting rooms are for library-sponsored activities. Any remaining time may be scheduled by nonprofit organizations for educational, cultural, or civic activities on a first-come basis. Use of this room does not constitute endorsement by the Library and must not interfere with or be disruptive to other library users.

Questions #1 - Is there a legal requirement for public libraries to limit to non-profit organizations? If not, what is the basis for limitations?

I am leaning towards shifting the mindset from limiting meeting room use to the above mentioned non-profit organizations (education, civic, cultural, etc.) and to advance public libraries in supporting local businesses and economic development in our communities.

Question #2 - Is it a legal requirement for all meetings to be open to the public?

Question #3 - Is there any benefit for the different type of meeting rooms to have different policies? Why should Large Study Rooms, Conference Rooms, and/or Meeting Rooms policies differ?

In light of recent accusations of alleged misconduct by community organization volunteers utilizing public library facilities, how should libraries protect themselves moving forward?

Many of our libraries have community rooms that are reserved at no cost, or minimal cost, for service organizations, community groups, or private events. Typically these events are not monitored by library staff, and often occur outside of normal library operating hours. Although community room use by the public may be limited based on scheduling and other parameters, discrimination based on the type of program/service is generally prohibited.

What best practice measures should libraries implement to reduce liability? Is there particular language that we should include in our community room rental agreements or policies?

On a related note, what about other library visitors that make use of library common space on a regular basis for tutoring or counseling that doesn't constitute a library sponsored program or group? Library staff cannot always monitor what occurs out of view of staff workstations, and cameras don't typically capture every secluded space within the building.

Finally, what about staff who often work alone in the library, or alone in the children’s' room? Even with policies regarding unattended children under a particular age, those age limits are often well below adulthood and library staff are in a one-on-one situation for extended periods of time.

This concern is primarily related to accusations of sexual misconduct and abuse of minors, but could apply to anyone, at any time, for any reason.