Legal Question in Civil Rights Law in California

A local public library in my area sponsors a used book sale a few times a year. The books for sale are donated by the public. Most libraries use a "Friends of the Library" group to organize these events. The Friends of the Library is staffed by volunteers, and the group's stated purpose is to raise money for the public library.

This particular library holds their book sales in a nearby Elks Lodge to allow more space for shoppers. The sales are open to the public. They charge sales tax at the sale, so I'm guessing the Friends of the Library is not a non-profit organization, at least in this case.

I buy books for my personal use, but also to resell for a profit. I have spent hundreds of dollars at sales on books that I intended to resell. To choose books that I can resell for a profit, I use a hand-held PDA, with a small barcode scanner. It is not web-enabled, but contains a database of information on the latest prices of books. When I scan a barcode, the screen indicates whether I should buy it or reject it.

Many library sales now ban the use of these scanners, or the use of smart phones to look up information about the books. Sometimes there are signs posted at the sale: "No electronic devices permitted."

After inquiring about these bans, it seems some of the sellers who use the scanners are very rude to other customers. Some horde large stacks of books in a corner, scan them and take what they want, and then leave the rest for others to pick up.

I have never displayed this behavior, but I get swept up in the restrictions, hurting my ability to be an informed buyer. I feel it's none of the staff's business what I do with the books after the sale, so being a book seller should not matter to them.

My question is: Is it legal for a public library to restrict me in this way? If I behave myself, and quietly shop without disturbing others, can a publicly funded institution deny me the use of my device?


Asked on 11/29/10, 1:36 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

This could be called the case of the Luddite librarians. If you were to challenge the restrictions in court by seeking an injunction against the practice, your best argument might be that the restriction violates your 14th Amendment right to equal protection of the law, and that there is no rational basis for excluding the class of persons who have hand-held scanners from the public agency's book sale. Their argument is that the past behavior of other patrons constitutes a rational basis for the rule.

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Answered on 12/04/10, 1:58 pm


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