Press release about library suit : IMC Worcester

Contact FOR IMMEDIATE RELEASE

Jonathan Mannina, Executive Director July 6, 2006

Phone: (508) 752-3718

Fax: (508) 752-5918

Email: jmannina@laccm.org

LEGAL ASSISTANCE AND ACLU OF MASS. SUE CITY OF WORCESTER

Class Action Suit Filed to Restore Constitutional Rights of Homeless Individuals

A class action lawsuit filed today in federal court in Worcester is challenging the Worcester Public Library’s policy restricting the borrowing privileges of residents of homeless shelters, transitional housing programs and adolescent programs.

The lawsuit was filed on behalf of three Worcester residents affected by the policy. The lead plaintiff, identified in the complaint as “Jane Doe,” is a resident of a family shelter and was attempting to home school her child but was unable to obtain the necessary educational materials from the library. In addition to the individuals, the suit was brought by the Massachusetts Coalition for the Homeless and the Central Massachusetts Housing Alliance. The lawsuit names the City of Worcester, the Worcester Public Library, and the Library’s Board of Directors as defendants.

The challenged policy limits residents of homeless shelters, transitional housing programs and adolescent programs to borrowing a maximum of two items. After borrowing for the first time, other library patrons – including individuals who reside outside of Worcester – are not limited to borrowing only two items. The library keeps a list of the names and addresses of the shelters and programs whose residents are limited in their borrowing privileges. As a result of the library’s policy, the plaintiffs were unable to borrow books they needed for themselves and their children.

“We filed the suit because we strongly feel that all residents of Worcester, including the homeless, should have equal access to the public library,” explained Jonathan Mannina, the Executive Director of Legal Assistance. “The City should be in the business of promoting the removal of barriers to library and information services; unfortunately, the library’s policy creates additional barriers for people already struggling to make ends meet.”

The lawsuit alleges that the policy is unlawful because it violates the guarantees of equal protection of the law, freedom of speech and expression and due process in both the federal and state constitutions as well as the rights of library patrons which are specifically guaranteed by the Massachusetts General Laws.

“The protection of the First Amendment extends to everyone,” said Ronal Madnick, director of the Worcester County Chapter of the ACLU of Massachusetts. “It is not a privilege which the state may choose to grant or withhold.”

The lawsuit, which was brought by the Legal Assistance Corporation of Central Massachusetts (LACCM) and the American Civil Liberties Union of Massachusetts (ACLU), seeks to restore the full and equal library privileges of all residents of homeless shelters and transitional housing programs in the City of Worcester.

“The public library is a community treasure that can positively impact so many, especially children. It is wrong to treat some children by virtue of their address differently than others,” said Grace K. Carmark, Executive Director of the Central Massachusetts Housing Alliance. “CMHA believes strongly that policies regarding the use and access to the public library should be uniform for all members of the community. It is our sincere hope that the City will drop this policy.”

LACCM provides free civil legal assistance to the low-income and elderly residents of Worcester County and receives funding from the Massachusetts Legal Assistance Corporation, the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, a number of local United Way affiliates, and other sources.

The American Civil Liberties Union of Massachusetts is a state-wide membership organization which has as its sole purpose the promotion and defense of civil rights and civil liberties.

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