Meeting Room Policy

Question

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.

Answer

There are three things that are potential obstacles to this request:

1.  Safety (and its flip side: Liability)

2.  Security (and its flip side: Loss)

3.  Charitable Status (and its obscure tax-concept flip side: "Inurements")


Question

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:

Answer

As the member points out, there have been a few other "Ask the Lawyer" RAQ's on room use, so for those who want to do some background reading, here are the RAQ's the member refers to:


Question

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:

Answer

These meeting-room related submissions to "Ask the Lawyer" were inspired by two separate resources: the first one, an "Ask the Lawyer" RAQ on meeting room policies, and the second, an ESLN-sponsored training.


Question

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.

Answer

Before I answer this thoughtful array of questions, it is important to establish that aside from law, regulation, and library-specific policy, use of and access to space at public and association libraries can be governed by:


Question

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

Answer

In 2012, I was an in-house attorney at a university when the "Penn State Scandal"[1] broke.  Along with the nation, I was horrified to learn about the serial sexual abuse of children by a powerful coach in an NCAA Division I football program--and just as critically, the system that allowed the abuse to go unchecked for so long.


Question

Can you provide a template facility use agreement for renting or allowing community groups to regularly use space in a public or association library?

Answer

Yes, I can!  But first, a few caveats:


Question

My library's reopening plan calls for not allowing group meetings/ programs for a time.

Answer

I have been looking at some of my post-COVID "Ask the Lawyer" responses, and they are pretty grim.  Such serious writing.

Of course, these are serious days, and operating during COVID-19 is a serious topic.

But I have been on the lookout for a chance for some joy, if not some outright levity.  And finally, this question supplies one!


Question

My Director has asked me to ask you the following question. In normal circumstances the library would host the meetings of local organizations that do not have a building of their own. The library hosts the meetings of organizations like "Concerned Citizens", "Race Unity Circle", the "Bahá'í society", etc.

Answer

Life is full of surprises.  When I was in third grade, I was surprised to learn that this strange country called “Canada” occupied the upper half of North America.  When I was in fifteen, I was surprised to learn that “brooch” rhymes with “roach.”[1]  And upon researching the answer to this question, I was surprised to learn that Zoom


Question

As we look to re-opening our public libraries with abridged services, we want to limit the chances of legal challenge from organizations who seek to make a statement about government response to COVID-19 and social distancing measures.

Answer

This answer is being composed on May 9, 2020.  New York is still fully on PAUSE, but the Governor has divided the State into ten districts who must hit seven defined metrics to begin rolling back various restrictions.[1]  Careful prognosticators are cautioning that what is rolled back can also be re-implemented, so caution and flexibil


Question

I need clarification about the IRS regulations on 501c3 organizations.

Answer

This answer comes with many disclaimers, because the legal parameters of room access and rental at chartered libraries in New York is variable territory.  In other words: the answer can depend on the library’s “type” (set by its charter), its fundamental rules (found in the bylaws), its IRS status (the “501 (c)(3) mentioned by the member”), its day-to-day rules (controlled by policies), its lea