Legal Question in Criminal Law in Massachusetts

Re: Sex offenders in public libraries

The librarian should refer this question to the Town Counsel for guidance on how to proceed. If the internet sites visited are prohibited by town policy, then the library may take action against any person accessing them. If the sites are protected speech under the 1st Amendment and have not been banned by the town, then this is a different matter. If someone OTHER than the head librarian or town counsel have objection, then their renmedies lie with passing a law. In short, start by talking to the town counsel before taking any actions that would result in the Municipality being sued.

Re: Sex offenders in public libraries

Access to library computers is governed by its own rules, and restricted by free speech limitations. Most libraries have separate computers for children. Most libraries have rules in regard to access to sexual sites.

There are no rules unless implemented by the town that bar any person convicted of any crime from using town or public facilities facilities.

However, if the person is on probation or parole, the administrating body can limit the person from certain settings or sites.

Statistically, the recidivism rates for those convicted of sexual crimes varies according to a number of different variables. Therefore one rule that governs the behavior of all such persons fails to take into account the differences among these people. I have been involved in litigation regarding this population.

Finally, I do not believe that the library must check each person and discover whether they have been convicted of any crime, and if the person has, the person is therefore barred from the library.

At the same time, the library should have a policy regarding the use of its facilities for inapproriate purposes, and these policies dictate how such infractions are handled.

I assume from your question that you are either a concerned parent, or possibly a librarian. If you have more specific questions, please contact me.