Model "Libraries for All" Act
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- Model Libraries for All Act
State and federal Civil Rights laws are rarely used as the statutory underpinning for DEI practices in public libraries. Instead, DEI (Diversity, Equity, and Inclusion) practices are based on professional ethical guidelines and a commitment by library professionals to serve all members of the community with equanimity. Rather than continuing to rely on voluntary guidelines alone, the EveryLibrary Institute is exploring new legislative models that utilize state and federal civil rights statutes against discrimination as the basis for DEI practices. We believe that rooting these policies in civil rights law would provide a new legal foundation to support the ethical aims and concerns of the profession.
The Civil Rights Act of 1964 forms the baseline of anti-discrimination protections for minority classes of individuals in the public sphere. Within the 1964 Civil Rights Act framework, Title II prohibits discrimination against certain protected classes by places of public accommodation, including by the government itself. Title VI prohibits discrimination by organizations and institutions that use federal funds for their programs and services. Title VII prohibits discrimination in employment practices, including the government. In many states, civil rights protections are often more inclusive and progressive than the federal framework.
State public accommodation laws often extend anti-discrimination protections to more classes of individuals than federal law. Many states include race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability status as protected classes. However, local libraries do not reflect anti-discrimination statutes in their policy manuals, instead leaving these important accommodations to voluntary ethical guidelines. Extending protections from discrimination across all public library policies can be accomplished by passing new state laws that would require library boards to write policies that are compliant with state or federal civil rights practices. Policies like collection development, display, programming, meeting room use, and materials review should reference anti-discrimination statutes. It may also be important for certain states to amend state civil rights laws to specifically enumerate public libraries as places of public accommodation in order to remove any ambiguity about the issue.
At the EveryLibrary Institute, we are advocating that state library associations advance a new legislative framework to incorporate public libraries specifically in state public accommodations law and to equip library boards to write policies in compliance with those anti-discrimination principles. We have created a model "Libraries for All Act" which provides pathways and guidance to state library associations on the framework of such legislation.
Please register on this page to download the four-page guide which includes:
- PROJECT PRINCIPLES
- SUBSTANTIVE REQUIREMENTS for a BILL
- PROPOSED LEGISLATIVE FRAMEWORK (including a "Legislative Finding")
- OPERATIVE LANGUAGE EXAMPLES
Embedding civil rights frameworks across library policies will strengthen libraries' mission, vision, and values. The model "Libraries for All Act" is intended to support the aims, goals, and intents of inclusive collection development, display, programming, meeting room use, and materials review policies by public libraries. With the proper application of state and federal anti-discrimination laws to library policies, our sector can significantly strengthen DEI practices and withstand challenges to books and materials.
If you would like assistance creating a version of the "Libraries for All Act" for your state, please contact ELI Executive Director John Chrastka. We would be happy to help you move this important project forward.
State and federal Civil Rights laws are rarely used as the statutory underpinning for DEI practices in public libraries. Instead, DEI (Diversity, Equity, and Inclusion) practices are based on professional ethical guidelines and a commitment by library professionals to serve all members of the community with equanimity. Rather than continuing to rely on voluntary guidelines alone, the EveryLibrary Institute is exploring new legislative models that utilize state and federal civil rights statutes against discrimination as the basis for DEI practices. We believe that rooting these policies in civil rights law would provide a new legal foundation to support the ethical aims and concerns of the profession.
The Civil Rights Act of 1964 forms the baseline of anti-discrimination protections for minority classes of individuals in the public sphere. Within the 1964 Civil Rights Act framework, Title II prohibits discrimination against certain protected classes by places of public accommodation, including by the government itself. Title VI prohibits discrimination by organizations and institutions that use federal funds for their programs and services. Title VII prohibits discrimination in employment practices, including the government. In many states, civil rights protections are often more inclusive and progressive than the federal framework.
State public accommodation laws often extend anti-discrimination protections to more classes of individuals than federal law. Many states include race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, or disability status as protected classes. However, local libraries do not reflect anti-discrimination statutes in their policy manuals, instead leaving these important accommodations to voluntary ethical guidelines. Extending protections from discrimination across all public library policies can be accomplished by passing new state laws that would require library boards to write policies that are compliant with state or federal civil rights practices. Policies like collection development, display, programming, meeting room use, and materials review should reference anti-discrimination statutes. It may also be important for certain states to amend state civil rights laws to specifically enumerate public libraries as places of public accommodation in order to remove any ambiguity about the issue.
At the EveryLibrary Institute, we are advocating that state library associations advance a new legislative framework to incorporate public libraries specifically in state public accommodations law and to equip library boards to write policies in compliance with those anti-discrimination principles. We have created a model "Libraries for All Act" which provides pathways and guidance to state library associations on the framework of such legislation.
Please register on this page to download the four-page guide which includes:
- PROJECT PRINCIPLES
- SUBSTANTIVE REQUIREMENTS for a BILL
- PROPOSED LEGISLATIVE FRAMEWORK (including a "Legislative Finding")
- OPERATIVE LANGUAGE EXAMPLES
Embedding civil rights frameworks across library policies will strengthen libraries' mission, vision, and values. The model "Libraries for All Act" is intended to support the aims, goals, and intents of inclusive collection development, display, programming, meeting room use, and materials review policies by public libraries. With the proper application of state and federal anti-discrimination laws to library policies, our sector can significantly strengthen DEI practices and withstand challenges to books and materials.
If you would like assistance creating a version of the "Libraries for All Act" for your state, please contact ELI Executive Director John Chrastka. We would be happy to help you move this important project forward.