When
the rights of the many outweigh the rights of the few:
the
“legitimate” versus the homeless patron in the public library.
Julie
Murphy
Dozens of articles have been written about
how to cope with the difficulties that problem patrons present to librarians and
library workers. The majority of these articles include homeless people in that
category. Homeless people can be smelly and mentally disturbed, but what many
people forget is that non-homeless people can also be smelly and mentally
disturbed. Because more affluent patrons claim that they pay the taxes that
support the library, librarians are keen to hear their complaints about the
growing numbers of homeless people in the library. Librarians must deal with
these complaints on a daily basis, and must deal with the presence and aroma of
the homeless as well, leading to lowered morale and less-inviting working
conditions. But librarians are also conscious of the need to serve all patrons
equally and provide equal access to the library itself. The crucial questions
are: When do the rights of the homeless really impinge upon the rights of other
patrons? Are unsightliness and odor enough reason to bar homeless people from
the library?
Shuman (1996) provides several arguments in
favor of and against homeless people. s access to the library. Arguments in
favor of reduced access include the following: The library should maintain a
pleasant atmosphere conducive to reading and studying, and unwashed persons
make it hard for others to use the library. Since many homeless people are
often mentally ill, they may pose a concern for public safety. Finally, library
staff are forced to work with and stay in the vicinity of offensive and smelly
people, which is unduly stressful.
Surprisingly, these arguments are echoed by several
authors of articles researched for this paper. Many of these articles were
published in the late-1970s and early-1980s when deinstitutionalization of the
mentally ill, coupled with decreased public housing, resulted in an increased
population of the homeless. Some of the articles were written in response to
the 1992 Kreimer decision by
librarians who felt as though they were no longer in control of the library
workplace.
Despite the reasons listed above, others,
particularly Shuman (1996), present arguments in favor of library access by the
homeless. Not only do homeless people have the same rights as others, but it is
illegal to treat them differently, and libraries that do so may be vulnerable
to lawsuits (Shuman, 1996). Furthermore, the library can provide a place for
the mentally ill to interact with normal society. The library can also provide an important community service by
identifying and connecting homeless people with the proper social service agencies
- even working actively with those agencies to create safe spaces for the
homeless to occupy. Since many homeless people are also mentally ill, and
mental illness is equivalent to a physical illness or disability, it could be
argued that homeless people need to be accorded rights under the Amercians with
Disabilities Act (ADA). This point is often overlooked when dealing with
mentally ill people, due to our society’s tendency to discount the validity of
mental illness as a medical problem.
There are myriad solutions that the library
can enact, stemming from two points of view. More conservative, reactive
solutions can include training workers to deal with homeless people and
defining clear codes of conduct that help both worker and patron understand
appropriate library behavior. This will perhaps eliminate the tendency for
people to equate appearance with behavior. Positive, proactive, solutions
include ensuring collection development in information areas important to the
homeless, creating space for the homeless within and without the library, and
educating the public on their lives.
Some
definitions: Who are the homeless and how did they get that way?
Who is a homeless person? Many people can be
homeless, yet not pose the problems that the typical homeless person in a
public library poses. Anne Turner (1993) identifies the types of homeless
people found in the library as "street people", who are
raunchy looking folks...who tend to
travel with most of their worldly possessions in trash bags or bedrolls, wear
very ragged clothes, often haven’t bathed lately, and may or may not exhibit
various eccentric or antisocial behaviors indicative of mental illness,
alcoholism, or other substance abuse. The defining characteristic of the street
person…is appearance. (pp.
31-32).
About one-third of the homeless are mentally
ill and about one-half abuse alcohol or drugs (Curry, 1996). Thirty-three
percent are veterans (Homelessness, 1992). Estimates
of their numbers range from 2 million by the U.S. Department of Health to over 4 million by the National Coalition for the
Homeless (Venturella, 1991). The fact that the homeless are a changing and
transient population makes them a difficult population
for whom to plan and implement library services (Zipkowitz, 1996).
During the mid-1970s, mental hospitals discharged
patients in record numbers, partly as a response to calls for patients. rights,
and partly to save costs. A network of community mental health centers was
planned to provide services to these people, but the centers never materialized
(Salter and Salter, 1996). Many mentally ill people were thus left to their own
devices. Without proper supervision and medication, it was easy for them to
fall though the cracks and become homeless wanderers. At the same time, more
than a million housing facilities were demolished in the 1980s, federal
low-income housing support was slashed from $32 billion to $7.5 billion, and
rent subsidies were curtailed (Homelessness, 1992). Many homeless people
started out as the working poor who earned barely enough for food and shelter,
but lost their ability to pay for these essentials due to a financial crisis
involving overwhelming medical costs or other debts. Once out on the streets,
homeless people are less a problem than victims of other people who are problems, as the homeless become
targets for theft and physical and sexual abuse. As Shuman (1996) explains,
What [the homeless]
frequently share is a syndrome of conditions from which they cannot easily
escape...the homeless get hungry, they experience too much of cold or heat,
dampness and dryness, they experience fear of others and anxiety for their
safety...a sense of hopelessness is pervasive among [them]…(pp. 11-12).
It is no surprise that these unfortunates end up at the library, a safe,
warm shelter where, for at least part of the day, they can be assured of
physical safety.
Why
the ”regular” patrons don’t care about the homeless
In an editorial in the Christian Science Monitor entitled,
"Libraries for All" (1991), the editors argue that as we become desensitized
to world tragedies and social problems in general, we experience “compassion
fatigue”. Expanding on this idea, Silver (1996) suggests that “the public is weary of the demands this
segment of population places on social services and health agencies, and a
growing backlash toward the homeless is evident” (p. 20).
But what the average person tends to deny is
how close he or she may be to being homeless himself or herself. Millions of
people comprise the working poor and may only be a few paychecks away from
homelessness. A relatively small financial setback can send the working poor
into the streets, in some cases with little recourse.
Unfortunately, because of “compassion
fatigue”, it is hard to educate patrons about the homeless’ similarities, let
alone their civil rights. In response, Turner (1993) proposes an equitable
enforcement of codes of conduct and continuous community involvement by the
library. The key philosophy underscoring this strategy is promoting access by all
individuals to the library itself, regardless of economic status, appearance,
or living situation.
Access:
what we are (supposedly) all about
Venturella (1991) notes that historically,
libraries began as agencies for social change, with the goal of providing equal
access to information. On the other hand, real conflict exists among the rights
of the homeless and the rights of other patrons and library workers. Some
homeless patrons smell so bad that they provoke nausea. Sleeping homeless patrons
may snore loudly enough to disturb contemplation. For hygienic reasons, patrons
may feel uncomfortable handling materials that the homeless have handled. As a
result, many librarians classify the homeless as “problem patrons”.
It is important, however, to distinguish
between a truly problematic patron and the nuisance of a homeless one. Shuman
(1989) gives an uncomfortably broad definition of a problem patron as “anyone
who is doing anything illegal, immoral, annoying, or upsetting to anyone else”
(p. 6). (Just as there are many potentially upsetting books in the library, so
can there be many patrons whose appearance is upsetting.) Shuman (1996) goes on to explain that “a
problem patron is anyone who visits the library and either breaks or flouts
existing rules, or presents an actual or potential threat to other persons
within the building” (p. 6).
Clearly, then, any patron can potentially become a problem. Because of their
disheveled appearance, however, it is
easier to assume that the homeless
person is a problem. Another assumption is that because a homeless person may
be mentally ill and acting a little odd, such behavior is itself cause for
concern. Zipkowitz (1996) addresses the social ramifications of odd behavior
when describing the concept of the implied social contract in our society. As
children, we are taught the rudiments of proper behavior. We know when it would
appear strange to mutter to ourselves, cry out loud, or appear unkempt. When
this contract is breached, many people react in fear of the unknown. Mentally
ill people often behave outside of the social contract, provoking our fear and
thus becoming a problem. Because we don’t know how to respond to the disheveled
homeless person who is quietly muttering to himself, we decide that he is the
problem, perhaps even more so than the wealthy, impatient patron who does not
want to pay her twenty-five cent fine and causes a scene about it.
This is not to discount the very real impact
that dealing with the homeless can have on library workers. Librarians have
been trained to be caring and tolerant and to “absorb abuse like human sponges,
explaining ‘it’s all part of being a public servant’” (Easton, 1977). (The
abuse is not necessarily coming from the homeless person but from the patrons
complaining about the homeless people!)
It also can be very taxing on morale to have to deal with both smells
and complaints alike, day after day. Some librarians have complained that our
profession is not meant to encompass social work (Easton, 1977; Morris, 1986;
Rhodes, 1983; Vocino, 1976; Zipkowitz, 1990). In fact, some very negative
attitudes about helping people in this helping profession have come to light in
these closed-minded articles. Some examples:
For the good of the common peace, these
people’s antisocial behavior cannot be accepted, regardless of the
socioeconomic circumstances that may cause such behavior. We are not social
workers; we are librarians (Manley, 1991).
The experience of large urban libraries
suggests that procedures need to be developed for easing loiterers, sleepers,
panhandlers, and smelly, verminous individuals out of the library (Morris,
1986).
Open access to all. An admirable philosophy,
but at what point does a public servant become a public slave? (Easton, 1977).
Turns my stomach to look at them. There
ought to be a limit to what librarians are asked to do to serve people& No
one wants to see them. They should be put back where they came from, out of
sight (Anonymous librarian on the mentally ill to Zipkowitz, 1990, p.54).
We are not helping these troubled people by
treating them as if they were normal, and we certainly are not helping others
who come to the library for a legitimate reason (Vocino, 1976).
Clearly these people need to be educated on
the need to tolerate both appearance and nuisance behavior, which can be
defined as behavior that breaches Zipkowitz’s implied social contract.
Sometimes people act bizarrely yet are completely within their rights
(particularly their ADA rights, if mentally ill). For example, Johnson (1996)
describes the need to be certain of intent in cases of third party sexual
harassment of library workers. A homeless person (or anyone), says Johnson, could
suffer from a physical ailment which makes
them appear to be glaring or staring, when they are in fact just sitting
quietly or possibly even experiencing seizure-related problems. Patrons with
disorders such as Tourette’s Syndrome may have physical spasms or shout out
words or unintelligible sounds, which could be misinterpreted by staff members
unfamiliar with such disorders or with the patron. (p. 115)
Behavior which is truly harassing or truly
violent should be dealt with, and dealt with fairly, among all types of
individuals who use the library. Hence, we can and have developed codes of conduct
for libraries in an attempt to provide fair access for all patrons.
The
meaning of the Kreimer case and the
establishment of codes of conduct
In the
Kreimer case, Richard Kreimer, a homeless man, charged the Morristown Public
Library with unfairly barring his access to the library simply because of his
appearance and economic status. In reality, Kreimer was barred from the library
because of repeated behavior problems. He was aggressive, angry, and harassing
toward the staff and other patrons. However, it was easy for the issue to
become confused in both the minds of homeless advocates and librarians. The
court ruled the Morristown Public Library’s code of conduct was vague and
unconstitutional and violated Kreimer’s civil rights.
The Kreimer decision provided a
landmark precedent on the definition of what constitutes a public forum and how
that impacts public libraries. This court distinguished between purely public
places; i.e., “ traditional public fora”,. where a wide range of individual behavior
and expressions were not only tolerable but protected by the U.S. Constitution,
and a libraries, which are considered “ limited public fora”,. open to the
public only for specific, limited purposes and “where only patron activities
directly related to those purposes are constitutionally protected” (Uhler &
Weiss, 1995, p. 190).
The negative aspect of this ruling is the
sanction that the public may only use the library in ways “directly related to
those purposes” as are appropriate in a library. Such a clause allows libraries
to forbid people to sleep in the library, which is a fundamental right for
anyone, let alone someone who has no legal place to sleep. Certain clauses of
the Morristown Public Library’s code of conduct are particularly problematic, for
the same reasons. For example, one clause states: “Patrons not engaged in
reading, studying, or using library materials shall be asked to leave the
building.” (Uhler, 1995, p.190). This
language seems a little extreme and easy to enforce unequally. No one would
think to ask a bevy of dowagers to leave the library because they were
gossiping and not reading, but it would be easy to justify the removal of a
homeless person sleeping quietly in a corner.
The positive aspect of the Kreimer is
that it upholds the concept of codes of conduct. As librarians, we can use
well-written codes of conduct to equitably enforce inappropriate behavior and
maintain standards of safety and comfort in the library’s atmosphere. As
Comstock-Gay (1995) notes, “libraries can and should enact a code of conduct.
The question is conduct, or behavior,
not appearance or speech…Those conduct rules must be applied in a
nondiscriminatory way” (p. 34).
These codes of conduct must not be worded
too vaguely or be known only as general, unwritten precepts. For example, in Brinkmeir case, the Freeport Public Library barred a man from the library
after he had harassed and followed a library worker to her car. Since there
were no written, clearly posted rules defining harassment, and since the
behavior occurred away from the library, the public library did not have
grounds upon which to prevent Brinkmeir. s access to the building (Malmquist,
1996).
The
Americans with Disabilities Act
As mentioned before, many homeless people
are also mentally ill or suffer from chemical dependencies. Salter and Salter
(1996) note “the man sleeping on the floor by the newspaper racks may seem to
be ’just a drunk’.. But about 40 percent of the homeless are also alcohol
abusers, and alcoholism has long been considered an illness” (p.27). If such an illness is a disability, it
should be accorded rights under the ADA. However, the application of these
rights can be tricky if the patron is exhibiting behavior that impinges on fair
access to the library by others. What if a homeless man is quietly muttering to
himself? He is breaking the implied social contract by looking and/or acting
crazy, but he technically is not harming or bothering anyone. But what if he
happens to have Tourette’s Syndrome and cannot help but yell out obscenities
once in a while? Or, what if the patron is drunk in the library because he
suffers from alcoholism? When do his rights end and the rights of the other
library patrons take over? Uhler and Weiss (1995) note:
Be aware that there may be additional legal
issues that could arise in this area, e.g., certain patron behavior may result
from a disabling condition as defined under the Americans with Disabilities Act
of 1990. The ADA makes it more important, then, that patrons be given the
benefit of the doubt, before punitive library action is taken. (p.191)
Certainly, the legal implications are
complex and cannot be solved easily. Probably the best way to handle such
situations is to take them slowly and with confidence, as difficult as that sounds.
The librarian must realize that the patron may indeed be suffering from a
legitimate illness and must try to ascertain when the balance between the
problem patron’s rights and the rights of other patrons to use the library
undisturbed has shifted. Turner (1993) advocates using a common sense approach
to evaluating each problem situation on a case-by-case basis. The library’s
code of conduct becomes the measuring stick by which behavior is rated, but
allows for the librarian’s individual judgment concerning the best way to
handle a situation. As Turner (1993) concludes:
“Part of common sense…is accepting people, even mentally disabled people, for
who and what they are, and dealing with them on their own terms (p.37)... This is one effective internal solution to
coping with both homeless people and the angry patrons who complain about them.
Solutions! Solutions!
Solutions!
Although most of the
professional literature focuses exclusively on identifying problem behaviors of
the homeless in the library, some authors provide concrete solutions. Simmons
(1985) notes that there are two ways of implementing solutions: reactive and
proactive. Reactive solutions tend to be slightly negative and focus on the
library itself. Solutions are created and implemented internally and include
hiring security staff and writing a clearly stated code of conduct. More
ominous, but potentially useful solutions include keeping an incident or
behavior log on a problematic person, which can be later used to secure a court
order preventing that person from using the library (Turner, 1993), or
documenting health problems resulting from a homeless person’s lack of physical
hygiene (Rhodes, 1988).
As mentioned above, codes of conduct
should be clearly stated and visibly posted, and should cover all unacceptable
behavior, since they will be used by staff as a kind of yardstick at all times
of day, including times when staff cannot contact superiors for advice in
interpreting the rules. In fact, well-posted rules may help minimize potential
conflict with mentally ill patrons, whose experience in mental institutions may
have given them “an understanding and acceptance of formal rules, particularly
if they are printed and posted” (Chadbourne, 1990). Codes of conduct should, in
all fairness, allow the patron to appeal a decision to revoke or suspend his or
her library privileges (Uhler & Weiss, 1995), and staff must be
trained to enforce the rules equitably and with common sense (Turner, 1993).
For example, if a patron’s odor provokes nausea in staff and other patrons,
thereby interfering with library business, that patron can be asked to leave
until properly bathed. Ideally, staff should also ask women drenched in perfume
to do the same. As Comstock-Gay (1995) notes, one should avoid “a most
sensitive nose rule,” (p.35). and not be too picky in either case, after all, not
all librarians work in country clubs!
Similarly, we should learn to be both
sensitive to homeless people’s needs and assertive when a homeless (or other)
patron becomes aggressive. Assertiveness training and managerial support for
library working conditions can go a long way toward alleviating poor morale.
Workshops that utilize role-playing to address problem situations are also
useful.
Proactive solutions involve greater
community involvement by the library and are generally more positive in tone.
Salter and Salter (1996) recommend having public desk workers take
college-level classes in psychology. In fact, librarians should consider
themselves part of an institution that is among social service institutions in
general. Comstock-Gay (1995) reminds us that “people come into the library
because it is a refuge… you should be proud of that. It is one of the few
places in America where most people feel safe” (p.34).
Other proactive solutions include providing
library access to needed resources such as newspapers, information about social
service agencies (Silver, 1996) and materials that honestly address the issues
of poverty and homelessness (Venturella, 1991), which also can be used to
educate more resistant patrons. Procedures should be created to allow borrowers
with non-traditional addresses to acquire borrowing cards. A community
analysis, imperative when forming a collection development plan, can provide
useful data about the local population of homeless and mentally ill people, as
well as the current resources of local social service agencies. Simmons (1985)
advocates forming coalitions with these agencies and providing services to the
homeless both within and without the library. Venturella (1991) advocates
assigning a social worker to work within the library itself, where she or he
can have access to a vast clientele. The public library in Haverhill, Massachusetts,
has designed library facilities specifically for the homeless, creating a comfortable
space complete with television, easy chairs, and newspapers where they can
safely stay during the day. Other libraries, such as the Tulsa Public Library,
have joined forces with homeless organizations to create daytime centers,
responding to traditional shelter rules that require the homeless be out by
eight in the morning.
Why
go to all this effort?
If we do not take the initiative as
librarians, change will not occur. Homeless patrons will continue to sleep in
corners and hover around the periodicals. Many social service agencies are as
short-funded as libraries, if not more so; therefore, librarians cannot expect
that other agencies alone can shoulder the burden of meeting the needs of this
special population.
On a more positive note, this special
population deserves the kind of attention and respect that we accord other
special populations such as minorities, gays, and lesbians, and the elderly,
among others. We can look at the requirements of the ADA not as a burden, but
as a challenge. Similarly, we can work with other agencies to provide services
to the homeless, and to help them find alternative places in addition to the library in
which to spend their days. Simmons (1995) states:
Traditionally the
information contained by the library has been used for social change, but
ironically, the role of the library as an active agent in social change rarely
has emanated from within the agency itself… perhaps because librarians are
guilty in lacking the spirit of advocacy. (p.117)
Perhaps it is time we became more assertive.
Perhaps it is time we stood up for the rights of all of our patrons.
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