Submission Date:
Question:
Sometimes, people nap in the library, particularly people who we believe might not have stable or sufficient housing. We feel that a library should not exclude people who need a secure place to rest, so long as there is no interference with library operations, but are there any legal considerations to this issue?
Answer:
This is a VERY sensitive issue. There are many factors that could contribute to a person sleeping in a public space, including:
- An undiagnosed medical condition
- A diagnosed medical condition
- Non-medical factors impacting behaviors
- Temporary or serial lack of a safe, stable place to rest
- Simply wanting to take a nap[1]
- Any combination of the above-listed factors
Each one of these brings their own array of legal (and ethical, and moral) considerations.
But before we get into all that, let's discuss: for purposes of this question, what is "sleep"?
For purposes of this question, let's call "sleep" a "state of healthy, restful, and restorative unconsciousness." In other words, "sleep" is that great thing we all do when our eyes get heavy, we yawn, and lie down, dozing into blissful unawareness.
Sleep: we all do it, and many of us love it.[2]
Now, let's talk about what sleep isn't for purpose of this question. "Sleep" isn't, for purposes of this question; the result of a concussion, a seizure, a stroke, an opioid overdose, or dangerously low blood sugar. And yet, to the untrained eye, any one of these dangerous conditions could be mistaken for "sleep."[3]
Because of this, no matter how much my bleeding heart and sense compassion want to say, "Just let the person sleep in the library, and don't say anything," I can't. I just can't bring myself to normalize ignoring what could be "sleep" one day, and a diabetic coma the next.[4]
That said, because it could be related to a real or perceived medical condition and/or disability, denying or restricting library services (including the right to simply be present in the library) on the basis of simply falling asleep could pose risks of disability discrimination. Sleep happens, folks, and sometimes people can't help it.
So, what is the solution, here?
Well, as with many things, there is no one "right" answer. But I will say:
1. Every library should have a policy, or at least a "standard operating procedure" (or "SOP"), regarding "Suspected or Actual Medical Events in The Library." That policy should address (among other things) what to do about perceived loss of consciousness or coherence by library users.[5]
2. A" Suspected or Actual Medical Events in the Library" policy or SOP can also address incidental (meaning unintended) and deliberate use of the library for napping.
3. This is where a library's discretion and autonomy kick in.
A library can decide if it is going to normalize sleeping in the library, or not.
If a library decides NOT to normalize sleep in the library, a simple statement such as "For assurance of safety, the library is a no-nap, no-sleep zone. Thank you for helping us maintain this rule. We understand that sleep happens; if you need to request ADA accommodations due to this rule, please contact NAME at INFO." Then, as a rule, patrons who fall asleep should be awoken (just as patrons who bring food in might be asked to remove it, or patrons who don't wear shoes might be asked to put some on).
On the flip side, if a library decides, as a matter of policy, to allow users to sleep in the library[6], such a policy can also create the protocol for "safe napping," with those planning to sleep notifying staff, so the nap is not mistaken for an overdose, seizure, etc.
NOTE: Before selecting this option, a library should check with its general liability insurance carrier to make sure it is consistent with the library's risk threshold and coverage.
What does a "Suspected or Actual Medical Events in the Library" with a "sleeping" section look like? Here is an example (with both a "sleep okay" and "no sleep" option at the end):
The XYZ Community Library is a welcoming, service-oriented, and inclusive space for all. To promote the health and safety of those using our library, the following possible medical events will result in the staff calling 911:
- Any perceived or actual loss of sustained coherence or consciousness;
- Any library user exhibiting signs that they may require emergency medical attention,
who does not expressly instruct staff that immediate medical attention is not required;
- Any person requesting emergency medical response.
Definitions
For this policy, "loss of sustained coherence or consciousness" is the inability to communicate meaningfully with library employees in the user's primary language.
For this policy, express instructions to staff that "immediate medical attention is not required" may be disregarded at the considered discretion of the library employees; such a decision will be based on consideration of: the specific facts of the situation, respect for the agency of the user, and respect for the mission and operational needs of the library.
ADA
If a library user has a medical condition that can potentially result in perceived or actual loss of coherence or consciousness, you may use the library's ADA Accommodations policy to arrange reasonable accommodations so your library experience is not unnecessarily impacted by this policy. For example, if a library user has narcolepsy and wishes to be woken in the event, they fall asleep, the library can consider a reasonable accommodation such as allowing the user to use a specific type of alarm in an otherwise quiet space.
Specific Situations
Whenever possible, the library uses the following specific guidelines from the CDC with respect to common medical events that can impact coherence or consciousness:
Seizures
Seizures do not usually require emergency medical attention. Only call 911 if one or more of these are true:
- The person has never had a seizure before;
- The person has difficulty breathing or waking after the seizure;
- The seizure lasts longer than 5 minutes;
- The person has another seizure soon after the first one;
- The person is hurt during the seizure;
- The seizure happens in water;
- The person has a health condition like diabetes, heart disease, or is pregnant.
Suspected opioid overdose
Call 911 if an overdose is suspected.
Recognizing an opioid overdose may be difficult. If it is unclear, treat the situation like an overdose and proceed with treatment. Even if the patient wakes up or seems better after one or two doses of naloxone, emergency medical assistance is still necessary.
Severely Low Blood Sugar
Blood sugar below 55 mg/dL is considered severely low. If any of the following happens, you should call 911:
- A person with low blood sugar passes out;
- A person with low blood sugar needs a second dose of glucagon;
- A person with low blood sugar had glucagon but are still confused;
- A person with low blood sugar stays too low 20 minutes after treatment or doesn’t respond to the usual treatments.
Concussion
Signs and symptoms of a dangerous concussion can include:
- One pupil larger than the other;
- Drowsiness or inability to wake up;
- A headache that gets worse and does not go away;
- Slurred speech, weakness, numbness, or decreased coordination;
- Repeated vomiting or nausea, convulsions or seizures (shaking or twitching);
- Unusual behavior, increased confusion, restlessness, or agitation;
- Loss of consciousness (passed out/knocked out). Even a brief loss of consciousness should be taken seriously.
Call 911.
This policy, and sleeping in the Library
CHOICE 1: USE IF THE LIBRARY DECIDES TO NOT ALLOW PEOPLE TO SLEEP IN THE LIBRARY Because loss of consciousness can be a sign of a medical emergency, library users are asked not to deliberately sleep or nap in the library.
If a library user is asleep in the library, staff are instructed to wake them.
In applying this rule, the library will follow the requirements of the ADA; if a library user has a medical condition that can cause uncontrollable sleep, at that library user's discretion, they may alert staff so accommodations can be made (see "ADA" above).
CHOICE 2: USE IF THE LIBRARY DECIDES TO ALLOW PEOPLE TO SLEEP IN THE LIBRARY
If you have a medical condition that can cause uncontrollable sleep, at your discretion, you may alert staff so accommodations can be made (see "ADA" above).
If you simply find that the library is a nice, quiet place for you to take a nap, please alert us that you "Plan to take a nap" so our staff knows that you are asleep by desire, and not experiencing a medical emergency causing loss of consciousness or coherence. We'll give you a nice arrangement of purple flowers[7] to keep near where you're sitting so staff know you're deliberately using the library space to rest and restore yourself.
Users must limit planned napping in the library to no later than one half-hour before close, so you have time to gather your thoughts and energy before it is time for us to close up the building.[8]
If your nap creates loud snoring or other disruption, we may have to wake you! Please be gracious to staff who are responsible for making sure the library is a welcoming and inclusive space for all.
As with any template, before adopting a policy based on this one, review the final version with your lawyer (and, as noted above, your library's insurance carrier).
And a final note: I truly wish I had a better answer to this question. As I said at the beginning, this is a VERY sensitive issue. But if a commitment to library access, safety, and mission guide the decision, your library can find the best answer for YOUR library.
Thank you for this tough question.
[1] This bullet might be more properly be phrased “Sometimes people just want to take a damn nap,” meaning that forces that get in the way of said nap are unreasonable. I have to disagree in this case, but I get it.
[2] And if you suffer from insomnia, you may not do it enough. I feel you, fellow lying-awake-at-2AM-person.
[3] If you are a trained medical professional qualified to diagnose of a concussion, a seizure, a stroke, an opioid overdose, or dangerously low blood sugar, this statement obviously doesn't apply to you.
[4] One of my children has Type 1 Diabetes (the kind where you can't make your own insulin, because your immune system attacked the Beta cells in your pancreas) so this issue hits close to home.
[5] When in doubt, call 911.
[6] Just in case it isn't readily apparent, I am truly neutral on whether or not to "normalize" sleeping in a library. Truly, I can see the benefit to a decision either way; the point is to make a deliberate decision based on a commitment to access, safety, and smooth library operations.
[7] It doesn't need to be flowers (purple or otherwise), that’s just me being cute. The point is having a signifier or system, so employees know the lack of consciousness didn't start as a medical issue.
[8] I worked on this question while sitting in my back yard on a sunny day in May. I asked my 7-year-old neighbor, Matt, who is possessed of both a wise spirit and a blunt nature, if he thought people should be able to sleep in the library. "No," he said, after a moment’s reflection. "They might not be seen and could get locked in for the night." He then asked me: "You do this for your work?" Kids are the best.
Tag:
Accomodations, ADA, Patron Confidentiality, Policy, Templates, Disability
