Service to Homeless Populations in Illinois

While affirming the right of access to information for all, the Illinois Library Association and its members believe library policy regarding services to homeless populations are best established at the local level.  The following guidelines are offered in support of developing local policies that are in accordance with state and federal laws, provide maximum access to information to individuals seeking library services, and protect the collective interests of the community as a whole, represented by the library board.

In addition to ensuring the rights of patrons, both homeless and not, libraries are in the business of offering resources to their community that provide opportunity to those most in need.  To deny access to information on the basis of economic or social disadvantage is to participate in perpetuating that disadvantage.  At the same time, policies that protect everyone's access to that information are an essential part of ensuring continued support and existence of library resources.

Legal precedent has held that public libraries, as places set aside by the government for the public's receipt of information and services, are designated public forums subject to the First Amendment.  As such, individuals possess a right to access the public library that is protected by the First Amendment.  (Kreimer v. Bureau of Police, 958 F.2d 1242, 1259 (3d Cir. 1992).

Courts have struck down a number of library policies that effectively allowed library employees to deny access to the homeless because of individuals' appearance or personal hygiene.  In general, rules that permit library employees to make discriminatory decisions regarding a user's right to access the library do not survive court review, especially if the rule appears to target a particular class of users.  (See Kreimer, above; see also Armstrong v. D.C. Public Library, 154 F. Supp. 2d 67, 75 (D.D.C. 2001).

Following a 2006 case filed by the Massachusetts Coalition for the Homeless, the Central Massachusetts Housing Alliance, and the American Civil Liberties Union (ACLU) against the Worcester Public Library, a policy was developed that added options to the library's practice of requiring proof of residency, such as:

(1)         Letter from social service agency or temporary employer providing proof of residency within the past 30 days.

(2)         Returned post card mailed to an individual at a given address; when it is returned to the library by the individual, establishing that they receive mail at that address, they are allowed to apply for and receive a library card.  There is an additional provision that the address needs to be verified orally every three months.  Massachusetts does not accept a post office box or business address for this purpose.

A recent article in Public Libraries, May/June 2012, "Library Service to the Homeless," offers guidelines to developing legally acceptable practices and ethical policies.  ILA suggests developing a policy checklist that includes:

• Accordance with the First Amendment
• Equality and consistency of policies and enforcement
• Clear and open statement of policies
• Regular review and appeals process
• Cooperation with social service agencies in the community to provide alternatives to conventional proof of residency and other practical, constructive means to provide access.