Petitioner Loses Case To Solicit at Leased Library Branch
Pima County Library policy allows petitioners but confined by lease agreement
Lynn Blumenstein -- Library Journal, 02/25/2010
- Petitioner allowed at nonleased branches
- Loses small claims court case, pursues legal action
- Petitions ACLU of Arizona to take case
Retired librarian Michelle Graye has spent the last six months gathering signatures for the Medical Marijuana Ballot Initiative for Arizona. She has reached a personal goal to collect one percent (1,533) of the valid signatures needed to get the initiative on the November 2010 election, mainly by setting up a table in front of various branches of the Pima County Library System (PCLS), Tucson—with one exception.
However, Graye, who used to work at the system, was not able to pursue signatures at the Dusenberry-River Branch, one of two PCLS branches located in a shopping mall, because of the mall owner's opposition.
Owner’s opposition trumps library petition policy
PCLS has a petition policy that allows petitioners to pursue signatures outside the library. Graye secured a letter from PCLS allowing her to pursue signatures but was stymied by the situation at Dusenberry-River. "We’ve been very fair with Michelle," PCLS director Nancy Ledeboer told LJ. "But our lease agreement says we will abide by rules set by leaseholders."
Mall owner George Larsen said the decision not to allow petitioners reflected a company policy, according to the Tucson Weekly. The library’s policy does state that "circulators must follow the policies of any commercial, educational, or government complex in which a library is located."
Petition policy variables
PCLS’s petition policy is consistent. The commercially leased Dewhirst-Catalina Branch also prohibits petitioning, said Ledeboer. The Kirk-Bear Canyon Branch, while located in a mall, is owned by PCLS, so petitioning is allowed. Such is the case at two leased locations within government-owned facilities.
Moreover, according to Arizona law, said Ledeboer, a shopping center is not considered a "public forum," as in other states. So rulings from one state on this issue may not be applicable elsewhere.
Even neighboring public library policies may vary. Sedona Public Library doesn’t allow petitions, while Scottsdale Public Library does.
Graye loses hearing; acts on next steps
Graye isn’t finished with the issue, even though she recently lost her case at a small claims court hearing. The hearing officer refused to read materials Graye had prepared as part of her defense, she said.
They included a federal district court ruling against Nebraska libraries that restricted outside petitioners and even granted a temporary restraining order to overturn the policy while the decision was pending.
Because of that refusal, Graye has filed a motion to vacate the judgment because of judicial error. The motion currently is "waiting to be on the calendared" with a Pima County Justice Court presiding judge. The decision should be delivered by mail, she said, within the next month. Graye is also petitioning the ACLU of Arizona to take her case.
