Shelter residents, city settle library lawsuit, Borrowing privileges are unrestricted

December 25, 2006

 

Worcester Telegram & Gazette (MA)

By Milton J. Valencia TELEGRAM & GAZETTE STAFF

 

WORCESTER— Like many from the People in Peril shelter, the man sought solace in the endless resources of the Worcester Public Library. This time, he was surfing the Internet, but at times he, like others, are known to borrow books for reading in private in the lonely corners of a homeless shelter.

 

Under the library’s old policy, he would be allowed to borrow only two books at a time, part of a regulation lumping him and other people who are homeless or live in shelters into one group. He finds comfort in news that the policy was scrapped, called unconstitutional, and that he’s assured the right to have a library card just like any other reader.

 

“I think everybody has a right to have a library card, no matter who they are,” said the man, who asked that his name not be used because of his living conditions.

 

“It’s not right for people not to have a card just because they’re homeless,” he said. “It’s discriminating.”

 

Homeless advocates argued no group should be judged on its address, and filed suit in federal court against the library in July. Last week, the city settled with the Legal Assistance Corp. of Central Massachusetts and the American Civil Liberties Union of Massachusetts, which filed the suit on behalf of three co-plaintiffs who live in shelters and felt they were discriminated against.

 

Under the settlement, the library has scrapped its policy restricting borrowing privileges of residents of shelters, transitional housing programs and adolescent programs.

 

In addition, the city has agreed to host the National Coalition for the Homeless’ Faces of Homelessness Speakers’ Bureau in Worcester, according to a joint statement released by the library and Legal Assistance Corporation. As part of the event, people who have experienced homelessness share their stories with the community, telling of the hardships and discrimination they faced.

 

The settlement is considered a victory for the three plaintiffs, as well as for the Central Massachusetts Housing Authority and the Massachusetts Coalition for the Homeless, which work with homeless people, including the plaintiffs.

 

One of the plaintiffs was a victim of spousal abuse who lived in a women’s shelter with a child. The woman had home-schooled her child until the library’s policy restricted her access to the necessary educational materials.

 

Two other plaintiffs, a husband and wife who lived with their 8-year-old son at a family shelter operated by the Housing Alliance, argued the policy restricted their rights to access books to feed their reading habit. The mother said in the suit that she was embarrassed when a library staffer called attention to her homelessness in the presence of other people in the library.

 

The head of the local chapter of the ACLU said when the suit was filed that people should be judged on their own merits, and not on their living status. Last week, those involved in the case praised the resolution without the need for further legal action.

 

“We appreciate the willingness of the city and the library board of directors to come to the table to discuss equal access to the library and its materials for all,” Jonathan L. Mannina, executive director of Legal Assistance, said.