Recently Asked Questions (RAQs)

You have requested my expedited input regarding the potential impact on ESLN member organizations of the 33 executive orders issued in the first week of the second term of President Donald Trump, which began January 20, 2025.

The nine regional “reference and research library resources” systems comprising the Empire State Library Network serve:

• Chartered public libraries (of all types)
• Public library systems (cooperative, consolidated, confederated)
• School libraries and school library systems (public and private)
• Hospital libraries (public and private)
• Academic libraries (public and private)
• Libraries of educational agencies (public)
• Law libraries (academic, local, state and federal)
• Archives (public and private)
• Museums (public and private)
• Historical Societies
• Prison libraries
• Other “special libraries,” including libraries at religious corporations and even for-profit businesses.

To provide the requested analysis, starting on page 5, this memo arrays each executive order (“EO”) by name and describes the most notable actual or potential impacts on ESLN-served entities (aside from generally applicable impacts). Because the first EO issued in this term of office rescinded eighty prior EOs, those rescinded EOs are also arrayed.

As the content is vast and intricate, a summary of major takeaways precedes the array. Areas of actual or potential high impact and takeaways for ESLN-served entities are highlighted in yellow in both sections.

NOTE: This is a New York State-specific resource.

Thank you for entrusting me with this request.

In April 2024, the Federal Register published the US Department of Justice’s final rule on Title II of the Americans with Disabilities Act (ADA). The rule includes specific requirements for state and local governments to ensure that web content and mobile applications are accessible to people with disabilities. My question is related to the applicability of Title II to the online collections of public academic libraries, and more specifically, to born-digital archival collections, i.e., archival collections consisting of materials originating in a computer environment.

According to the rule, state and local entities must follow the technical standard outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 level AA. However, this rule allows for five exceptions: https://www.ecfr.gov/current/title-28/section-35.201.

I understand the updated regulation does not override the existing obligations under Title II to make reasonable modifications on an individual basis, but it is unclear if Title II applies to born-digital archival collections, or if these collections fall under the exceptions linked above.

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.

1. Is the signature to allow for “parent permission” to access the library? Are public libraries legally obligated to obtain parent permission before a child of a certain age accesses library materials or services? I’m assuming that the library would not be liable if, for example, staff allowed an 11-year-old without a library card to read any book they liked within the walls of the library. Does this apply to a child of any age? (I realize unaccompanied minors will eventually come into play). So, by extension, is granting an 11-year-old a library card without parent consent legally permissible?

2. Is the signature an acknowledgement of responsibility for the library materials on behalf of the child? Many library card applications prompt for this specifically, but according to NYS law, is a parent/guardian responsible for library materials checked out to a minor in their care regardless? (If a 15-year-old minor lost library materials or incurred fines or fees, would their parents still be legally responsible even without giving permission for the card?)

3. COPPA and the collection of PII (for online library card signup). Though not required as a non-profit, our library chooses to comply with this policy, requiring parent/guardian consent of online card signup for children 12 and under. Does this mean that a child aged 11 could still, within legal boundaries, apply for a library card in person without collecting consent?

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?

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?