Legal and Ethical Issues Regarding Persons Experiencing Homelessness 1

Legal and Ethical Issues Regarding Persons Experiencing Homelessness in the Public Library

Charleen E. Bryson

University of South Florida

Most public libraries have instituted a patron code of conduct to ensure that all visitors

to the library have equal and safe access to library services. However, some of these codes of

conduct seem to unfairly target persons experiencing homelessness. If the libraries’ intended

purpose is equal access to information and services for all, why do these rules seem to unfairly

target those who need it the most?

Often the word “homelessness” evokes very specific images in one’s imagination. Taken

at its face value, the term simply means someone who does not have a home (Muggleton,

2013). This however, may be an oversimplification of the word. The term “homeless” includes

individuals who lack regular adequate nighttime residence, and extends to include individuals

whose nighttime residence may be a publicly or privately operated shelter, hotel, transitional

housing, temporary housing for those intended to be institutionalized or a public or private

place not intended to be used for sleeping for human beings (Muggleton, 2013). This

broadened definition serves to include not just those sleeping on the streets, but also those in

temporary housing (Muggleton, 2013). Logically, homelessness may also apply to individuals

who are temporarily staying in hotels, motels and with family or friends (Muggleton, 2013). As

described by these broad definitions, homeless individuals make up a very broad group

(Muggleton, 2013). People also experience different types of homelessness. Homelessness may
Legal and Ethical Issues Regarding Persons Experiencing Homelessness 2

be caused by loss of a job, an eviction, drug dependency or a variety of other situations and can

vary greatly in duration (Muggleton, 2013).

With homelessness defined, let’s look at how patron codes of conduct can seem to

unfairly target those experiencing homelessness. “Is it ethical to block a person’s access to a

public library because they make other patrons uncomfortable- whether because of odor,

appearance, or behaviors?” is what Bardoff focused on in her 2015 journal titled Homelessness

and the Ethics of Information Access. Simply stated policies and fair enforcement of the rules

for all patrons are advocated for by many library professionals (Bardoff, 2015). The Brooklyn

Public Library has a policy that states its rules are intended to “protect the rights and safety of

library users” (Bardoff, 2015). Noncompliance with the rules may result in suspension of library

privileges or face legal action (Bardoff, 2015). Some of these policies are noncontroversial, such

as a ban on illegal behavior or destroying library property (Bardoff, 2015). Other policies

prohibit “offensive body odor”, using the restrooms for bathing or laundry purposes, or having

bare feet or torsos (Bardoff, 2015). The library also states that is reserves the right limit the size

and number of items brought into the building by patrons (Bardoff, 2015). These policies seem

to unfairly target persons experiencing homelessness, as many of these affected patrons would

have large bags or carts with them, or have lack of access to bathing facilities, causing them to

be malodorous.

Many persons experiencing homelessness find themselves not welcome in many

establishments. The library is one of the “third-sector” organizations (Giesler, 2017). A third-

sector place is defined as an agency whose purpose is not to be a social services agency, but
Legal and Ethical Issues Regarding Persons Experiencing Homelessness 3

operate in that capacity (Giesler, 2017). Public libraries have been characterized as such

(Giesler, 2017).

The Dallas Public Library’s patron code of conduct is interesting, as it was written by the

city government, and applies to city recreation centers as well as libraries (Bardoff, 2015). The

goal of this code of conduct was written to ensure an “open and inviting atmosphere” and that

the code of conduct was created to maintain this atmosphere (Bardoff, 2015). Some behaviors

are inarguably prohibited, such as assault or littering (Bardoff, 2015). Other behaviors are to be

judged on a case-by-case basis as seen fit by city staff members (Bardoff, 2015). These

prohibited behaviors include panhandling, entering city building with an excess of bags or

bedding, defects of personal hygiene or other behaviors that interfere with other patrons’ use

of the facility (Bardoff, 2015). The Dallas Public Library also prohibits the use of the library for

other than its intended purpose (Bardoff, 2015). However, the intended purpose of the library

is never stated (Bardoff, 2015).

There are obstacles for persons experiencing homelessness to fit within the confines of

the patron code of conduct. What can libraries do to assist patrons experiencing homelessness,

while still upholding the patron code of conduct? Some may argue that the “case-by-case”

clause can be used or staff members can turn a blind eye to behaviors that may be irritating but

not dangerous. However, failing to enforce the patron code of conduct fairly among all patrons

can result in more problems. Many libraries have enacted programs to help assist those patrons

experiencing homelessness. A common practice is passive programming that displays

pamphlets and other informational literature to those in need (Giesler, 2017). Some libraries
Legal and Ethical Issues Regarding Persons Experiencing Homelessness 4

have created programming specifically for the homeless. One library director started holding a

weekly movie night, as she saw that many of patrons were homeless and might enjoy seeing a

movie as they would not otherwise have access to it (Giesler, 2017). The same library director

did away with a no food in the library policy to allow a local social services program to bring

free lunches into the library during the summer (Giesler, 2017). At first, she was hesitant, but

the library director now states that she wishes she had started this program earlier, as it has

been so beneficial to patrons (Giesler, 2017). Other libraries have teamed up with local social

services departments and hosted a basic needs fair and food drive in the library parking lot

(Giesler, 2017). Simply bringing attention to the needs of the community is often beneficial

(Giesler, 2017). One library decided to host a “sock and hat drive” after noticing that so many

patrons entered the library with badly worn shoes (Giesler, 2017). Another library made the

best of materials it already had and washed and donated items from the lost and found to be

given to regular patrons experiencing homelessness (Giesler, 2017).

Libraries, as third-sector agencies have long been a refuge for persons experiencing

homelessness. However, certain policies that are upheld by libraries seem to unfairly target the

homeless. Policies regarding the size or number of bags and policies concerning body odor

often apply to homeless persons, and not persons who have a nighttime residence. While it is

important to enforce these policies among all patrons, some libraries do have a case-by-case

attitude towards the policies. Other libraries address the issue of homelessness in the

community by hosting programs geared towards the homeless, display social services
Legal and Ethical Issues Regarding Persons Experiencing Homelessness 5

pamphlets, and host food drives. While these are not a panacea for handling homelessness, it is

a step in the right direction.

References

Bardoff, C. (2015). Homelessness and the Ethics of Information Access. Serials Librarian,

69(3/4), 347. doi:10.1080/0361526X.2015.1099590

Giesler, M. A. (2017). A place to call home?: A qualitative exploration of public librarians'

response to homelessness. Journal Of Access Services, 14(4), 188.

doi:10.1080/15367967.2017.1395704

Thomas H., M. (2013). Public libraries and difficulties with targeting the homeless. Library

Review, (1/2), 7. doi:10.1108/00242531311328113