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  1. #11
    Join Date
    Oct 2016
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    4,301

    Default Re: Can a Person Be Legally Banned from a Public Place

    Quote Quoting pg1067
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    Did the librarian expressly say, "this was a decision that I, and I alone, made, and I made this decision based only on the allegation that was made" (or words to that effect)?

    Or are you just making that assumption because she didn't announce that "this decision was made by vote of the library board after considering a substantial amount of evidence"?
    I'm pretty sure you know the answer to that question pg1067.

  2. #12
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Person Be Legally Banned from a Public Place

    Quote Quoting Novicelegal
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    I can understand why the accuser wouldn't be named, although it leaves the accused without recourse.
    It does not. As I noted earlier, he will have some appeal process for this decision.

    Quote Quoting Novicelegal
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    As a bystander, it leaves me to wonder if I could also be banned simply because someone decides to make an accusation, even if it may have been based on a misunderstanding that would never be resolved because the person remains anonymous.
    First of all, you are assuming something that you don't know: that the person was banned simply on an unconfirmed accusation of stalking. There may be more to it than you know. As others have indicated, the librarian may not have given him a full breakdown of what went into the decision in that conversation. Indeed, I would hope she would not do that in that setting.

    Second, it is important to bear in mind that the library does have an obligation to keep the library a relatively safe place for library patrons. As such, it would not be wise for the library to simply ignore complaints by patrons that some other library user may be a threat. Could the complaint have been erroneous? Might the library have not done anything to confirm it before banning the guy? Certainly both could be possibilities. But neither you nor me know the truth of the allegations or the information that the library may have regarding it, so it's just not possible with what you do know to make a judgment on whether the library made the right call.

    You can surmise, however, that if you were in the same situation as that guy (whatever that is) the library would likely take the same action.

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