Libraries Treat Homeless Differently – Fitchburg, Worcester take opposite paths

July 11, 2006 

 

Worcester Telegram & Gazette (MA)

By Matthew Stone SPECIAL TO THE TELEGRAM & GAZETTE

 

Worcester’s public library is the focus of a class action suit filed last week in U.S. District Court. (T&G Staff/PAUL KAPTEYN)

Three months ago, homeless patrons of the Fitchburg Public Library were prohibited from borrowing items from the library’s stacks. Those same patrons can now borrow materials from the Main Street facility, but a two-item limit applies.

 

“It was a step forward,” said Ann C. Wirtanen, who as Fitchburg’s chief librarian changed the policy when she joined the staff three months ago. “I have received no complaints.”

 

Librarians in Worcester can’t say the same.

 

A similar policy at Worcester’s public library is now the object of a class action suit filed last week in U.S. District Court. The case, filed jointly by the American Civil Liberties Union of Massachusetts and the Legal Assistance Corp. of Central Massachusetts, names three homeless Worcester residents as plaintiffs. The library’s policy has been in effect since 2004.

 

Librarians across the state say that serving homeless patrons — who are considered to be homeless if the address they supply matches that of a transitional home or homeless shelter — is a balancing act between maintaining the libraries’ collections and serving the public. Homeless library members, librarians say, are less likely than others to return borrowed items.

 

“We’re protecting materials that were purchased with city funds and these funds come from residents, property taxes,” Ms. Wirtanen said. “We’re doing what’s best for the majority of the people. We want to protect their investment, which is sizable.”

 

Fitchburg Public Library has billed residents of that city’s seven transitional homes for $2,000 worth of non-returned items since 2001, two years before a policy prohibiting homeless patrons from borrowing went into effect. That prohibition lasted about three years.

 

Despite their outstanding bills, homeless residents have traditionally gathered at the Fitchburg library to thumb through newspapers and crack open books in special reading areas.

 

Ms. Wirtanen said she reversed the borrowing prohibition in part to “invite (homeless) residents back into the library.

 

“Some have come and are grateful,” she said.

 

Library policies restricting the borrowing abilities of homeless patrons do not appear to be widespread, though those seeking to join a library generally must supply a permanent address to procure full borrowing privileges.

 

Springfield’s public library issues temporary membership cards to those without a permanent address. Temporary members can check out up to two items.

 

“It’s not aimed specifically at people in homeless shelters,” said Director Emily B. Bader. For example, seasonal, out-of-town employees at Six Flags Theme Park in nearby Agawam qualify for temporary membership, she said.

 

Boston Public Library does not require its members to list permanent addresses to gain full library privileges. New York City’s public library has no policy in place limiting the borrowing rights of homeless shelter residents.

 

Those who filed the suit say they are still open to an out-of-court settlement. They also point out that the suit comes after months of meetings with Worcester library officials that ultimately failed to resolve the issue.

 

“You can’t wait forever because while you’re waiting, people are being denied these rights,” said Ronal C. Madnick of the Worcester County chapter of the ACLU.

 

According to Mr. Madnick, the city’s library should not deny borrowing privileges to homeless residents simply because they live in transitional homes.

 

“If they don’t return materials, then they can lose privileges on an individual basis,” Mr. Madnick suggested.

 

Mr. Madnick and others who filed the case said yesterday they had not heard from the city on whether it would seek to settle the suit outside of court or proceed with litigation.

 

City Solicitor David M. Moore was unavailable for comment yesterday afternoon and Head Librarian Penelope Johnson did not return a phone call.

 

Advocates for the plaintiffs named in the lawsuit say they hope the resolution of the case spurs reevaluation of similar policies elsewhere, such as in Fitchburg.

 

“If the courts rule that Worcester is required to lift that restriction, I suppose that our board of trustees would consider changing that policy,” Ms. Wirtanen of Fitchurg’s library said.

 

Contact Matthew Stone by e-mail at mstone@telegram.com.