During the past few months there has been more than a few posts floating around on local social medial crime pages in regards to people watching pornography on public computers while in the library. Most of these posts allege that there are people who are openly watching pornographic material on the library computers, and that the library staff refuses to do anything about it. I recently had the opportunity to have a conversation with Jean Duncan McFarren, Interim Executive Director for the Stark County Library District, and Jen Walencik, Community Engagement Specialist and media contact for the district in an attempt to shine some light on the subject, and to find out exactly where the library district stands on this topic.
Per the SCDL’s internet and computer use policy that was adopted by the board of trustees on November 18th, 2014, computer users must agree to the following:
“... Customers may not display images that are deliberately offensive or create a hostile or intimidating environment. Customers may not display on screens or printers sexually explicit graphics or other materials which may be obscene, illegal, or harmful to minors as defined in local, state, and federal law or applicable court decisions. The use of the Internet or any computer device within the library to engage in any activity that constitutes a violation of local, state or federal law is strictly prohibited. Internet users are governed by the Library's Customer Code of Conduct Policy…”
This policy was put in place to not only allow people to exercise their first amendment rights while accessing information on a library computer, but to protect the general public as well from being exposed to harmful or explicit information or images being viewed by these users. Library users are prohibited from viewing material that is illegal or legally considered to be obscene.
Per the SCDL’s policy, patrons may not publicly display materials on computer monitors or printers any potentially offensive or sexually explicit materials of any kind. This includes materials that may create a hostile environment, or any materials that may be harmful to minors. SCDL patrons have the right to privately view materials in the library which some may find to be sexually explicit materials as long as it is not considered illegal, or legally obscene. This must also be done in a way that no minors are exposed to such material intentionally or unintentionally.
The library district does employ internet site blocking software that automatically filters pages in order to comply with the federal children’s protection act (CIPA), but these blocks can be bypassed by a user entering their library card number and confirming that they have an unrestricted card. Parents are responsible for making sure their children's library cards are set as they feel fit. While some libraries in the district have separate areas for children and teen sections, some simply do not have the spacing allowable, making all areas open and in site of each other. There currently are no adult only areas in any of the district libraries. Computers in the children’s areas are only loaded with educational software, and do not have web browsing capabilities.
While the library district is aware of some concern in the community, they do not monitor or restrict a user's internet access unless a complaint is made due to privacy concerns. In the event that a complaint is made, it is library policy for the staff to review the material involved in the complaint, and if needed as the patron to move or stop viewing that material. This depends on the space available and the visibility of the screen to others. The library is governed by the board of trustees, which is appointed by the county commissioners and the court of common pleas. The executive director and leadership create the policies which govern the SCDL’s, and are either approved or denied by the board. The SCDL’s are publicly funded through a combination of local property tax levy and funding from the state budget.
From a legal aspect exposing children to explicit material, this would fall under Ohio revised code 2907.31, disseminating matter harmful to juveniles. The law states the following “Directly offer or agree to sell, deliver, furnish, disseminate, provide, exhibit, rent, or present to a juvenile, a group of juveniles, a law enforcement officer posing as a juvenile, or a group of law enforcement officers posing as juveniles any material or performance that is obscene or harmful to juveniles”. If the material is considered harmful to juveniles, that person would be charged with a first-degree misdemeanor. If the material is considered to be obscene, the charge is increased to a fifth-degree felony. If the material is considered obscene, and the child exposed was under the age of 13 at the time, the charge would increase to a fourth-degree felony.
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Journalist: Brian Johnson
Email: bwj.pulse@gmail.com