Staff can exclude patrons for certain types of verbal conduct under rule 1 or rule 3 as outlined below.

True threats

Patrons that engage in specific threats of physical harm to an individual, group of individuals or property are not protected by the First Amendment and can be excluded under rule 1. Location staff or the Incident Review Team may refer the matter to law enforcement depending on the circumstances.

Verbal conduct that creates a hostile environment

Patrons that engage in verbal conduct that creates a hostile environment at the library are not permitted at the library and can be excluded under rule 3. For verbal conduct to be verbal conduct that creates a hostile environment, it must meet all four of the following conditions:

• Directed at a specific individual;
• Targeting of a protected class (race, national origin, religion, gender and disability under federal law; sexual orientation including gender identity under state law);
• Unwelcomeness of behavior or verbal, written, and/or online conduct; and
• Deprivation of library access, opportunities, and/or peaceful enjoyment of other patrons and staff

Other disruptive speech

Other types of speech may disrupt library operations and violate rule 3 without meeting the criteria in the preceding categories (e.g. talking loudly in a manner that does not involve threats or verbal conduct that creates a hostile environment). Generally, the standard rule 3 warning/exclusion progression will apply in such cases.

Notice

For any of the above situations, staff should also focus on any accompanying physical action that interferes with library operations when formulating the exclusion. For example, if a patron were to pick up a chair or invade others personal space and engage in disruptive speech that is not protected free speech, the exclusion should focus on the physically aggressive behavior instead of the disruptive speech.