Number 8 Prepared by the Wyoming State Library Porn in Phoenix
September, 2005
The Arizona Republic newspaper reported in July that fourteen Phoenix Public Library patrons have been banned for various lengths of time for violating the "no pornography" policy. Officials stressed that they make up a small percentage of the tens of thousands of people who use library computers each week. The mayor said that there is no constitutional right to view pornography in the library. "Our libraries are not adult bookstores or adult video stores, rather places for families. And that's the way it's going to stay, and why I fought so hard for it (i.e. the policy)." The City Council approved the policy banning patrons from viewing pornography on city computers in September, despite objections from civil liberties groups. In addition to new Internet filters that block most adult sites, the city also hired four staff to monitor public computers at Central Library at a cost of $175,000 a year. The library is taking additional steps to reduce viewing of pornography including moving printers closer to reference desks, and starting August, everything sent to library printers will come out face up.
Religion in Rampart The Rampart Library District outside of Colorado Springs has become one of several public libraries nationwide to give in to the demands of an advocacy group campaigning to open library and community rooms to religious speech. With a federal lawsuit from Liberty Counsel (www.lc.org) in the works, the District rewrote its meeting -room policy so the space can be used for a broader range of topics - including Liberty's previously rejected program on the necessity of defining marriage as a union of one man and one woman. The director said she didn't believe the library's old policy violated free-speech rights, but rather than spend library dollars and resources defending the current policy the library board changed the meeting room policy. Liberty Counsel has participated in several legal actions against libraries across the country as part of a drive to integrate religious expression into traditionally nonreligious environments. The organization focused on Rampart because the library is supposedly in an area with people who support its views on marriage and sexuality.
Oklahoma City Restricts Controversial Children’s Books The commission that sets policy for the Metropolitan Library System in Oklahoma City voted to relocate “easy, easy-reader, and tween” books containing sensitive or controversial themes to a special collection available only to “adults in authority.” The idea originated in response to a customer’s request to limit children’s access to homosexual themed books like King and King. The policy was set against the recommendations of library staff who advised against segregating materials and the director who said it would be difficult to implement the policy appropriately. The action was even supported by an Oklahoma State Representative who issued a statement applauding the metro area mayors who appoint the commissioners for their support in this effort and castigating the seven dissenting commissioners for not understanding the communities they live in or respecting the values of the majority of the people they represent. “There needs to be follow-up on this situation. We’re not looking to ban any books. We just think the books should be easily identifiable to parents who may not want a child to read those materials.” The system’s library commission members did not address which titles are to be reshelved, leaving that determination to a yet-to-be-formed subcommittee charged with following guidelines based on “good judgment and community standards.” WHAT ARE THE LEGAL RESPONSIBILITIES OF NONPROFIT BOARDS SUCH AS FOUNDATIONS? Under principles of nonprofit corporation law, a board member must meet certain standards of conduct and attention in carrying out his or her responsibilities to the organization. Wyoming Statutes 17-19-101 through 1-19-1807 provide the details on nonprofits that you may want to review occasionally. There are three general duties that observers of nonprofit organizations routinely note: Duty of Care The duty of care describes the level of competence that is expected of a board member, and is commonly expressed as the duty of care that an ordinarily prudent person would exercise in a like position and under similar circumstances. This means that a board member owes the duty to exercise reasonable care when he or she makes a decision as a steward of the organization (foundation). Duty of Loyalty The duty of loyalty is a standard of faithfulness; a board member must give undivided allegiance when making decisions affecting the organization. This means that a board member can never use information obtained as a member for personal gain, but must act in the best interests of the nonprofit. Duty of Obedience The duty of obedience requires board members to be faithful to the organization's mission. They are not permitted to act in a way that is inconsistent with the central goals of the organization. A basis for this lies in the public's trust that the organization will manage donated funds to fulfill the organization's mission.
Compiled by Jerry Krois and Norma Cloyd