photo by: Shawn Valverde

The bookmobile is parked outside the Lawrence Public Library on Friday, July 26, 2024, ahead of the library's celebration of the 10th anniversary of its building.

The Lawrence Public Library Board of Trustees will vote Monday on a new free speech policy aimed at preventing disruptive protests and other behaviors that “interfere with study and enjoyment” of the library’s users.

James Pavisian, the secretary and treasurer for the board of trustees, said the new policy would highlight that the library is a limited public forum, and that restrictions could be imposed on speech that would interfere with other people’s use of the library. Pavisian, who is an attorney, told the rest of the board he helped draft the language, and that the goal of the new policy was to protect the library and its users.

“This isn’t a malicious thing,” Pavisian said. “It’s more to ensure that people can enjoy the space, programming or silence that comes with being in the library.”

The policy outlines what it considers free speech activities — including, but not limited to, holding or carrying signs, protesting, using expressive conduct or speech, distributing literature, acting as a public speaker, panhandling and requesting signatures, donations or contributions. It states that the library will not permit these activities inside the building if they “would interfere with study and enjoyment of visitors of the Library.”

Speakers would be able to conduct those activities outside of the building, but would not be allowed to block access to the library at any time.

The policy states that the library will first provide a warning to a person who violates the policy. If the person continues to violate the policy, they will be asked to leave the premises. If they refuse to leave, the library will notify police that they are trespassing and tell the person that the police have been notified. Library staff must then document the violation in a database by the end of the next business day.

Pavisian said that most of the time, there have been no issues with disruptions at the library, but that after protests at events related to LGBTQ issues, the library felt it needed to outline a clear policy on speech.

As the Journal-World has reported, Justin Spiehs, a frequent protester and commenter at public meetings, filed a federal lawsuit against the library board in 2023 alleging that library staff violated his free speech rights during two LGBTQ-related events at the library.

The suit, which names multiple library employees in addition to the board, alleges that Spiehs attended the two public events at the library in 2023 carrying signs and was asked by police and library security personnel to leave. At one event, which was about how new state laws affected gender markers for transgender people, the suit says police were called after Spiehs arrived, “and it was determined that Mr. Spiehs’ sign was ‘obscene'” and that he could not be at the library with the sign; he exited the building after police arrived. At the other event, which featured a drag performer reading books aloud, the suit claims that Spiehs was told by security that he couldn’t cause a disruption at the event, and he left when two law enforcement officers showed up at the library.

Pavisian noted that the proposed policy would make an exception for groups or individuals who reserve space in the library by either reserving a room or sponsoring an event. In those instances, it would be up to those groups to set the rules on what is and is not allowed at their events.

Brad Allen, the executive director of the library, said he thought the policy would provide “clear guidance (for the library) to do successful programming.” He also said that if the policy were to pass, the library would work on providing trainings to staff about how to enforce the policy if issues were to arise.

The board was originally set to discuss and vote on the item during its normal meeting on Monday, but multiple board members left during the meeting, so there was not a quorum and no items could be voted on. The new policy will be discussed during a special meeting that will take place next Monday, Nov. 25, at 2 p.m.