The Adobe Flash Player is required to view this multimedia interactive. Get it here.

News Summary

Ex-patron sues library in federal court over two-year banishment

By Valerie Lough Staff Write

Thursday, April 12, 2007

Wayne Doyle frequented the main branch of the Clark County Public Library for many years.

He considered himself a loyal patron until 2005, when library officials violated his civil rights, he said. Now, he's suing the library for nearly $400,000.

Extras

He filed a lawsuit in U.S. District Court against the library and Director John McConagha, claiming racial discrimination. Doyle is seeking $350,000 in damages because he was banned from the library for two years.

He was banned for violating library policies by harassing other patrons, according to documents library officials sent him, Doyle said.

He did not bother anyone, and wasn't given the opportunity to defend himself before the ban was imposed, Doyle said.

The circumstances

Doyle is accused of harassing an unidentified female library patron on March 18, 2005.

In a library incident report, a security officer at the main branch wrote that the woman said Doyle "was following her around the library and staring at her, making her feel uncomfortable."

As a result, McConagha wrote Doyle a letter, informing Doyle that he was banned from the library from March 21, 2005 to March 21, 2007.

When Doyle visited the library on March 21, 2005, he was handed the letter and told to leave or be arrested for trespassing, he said. He appealed the decision, and following a hearing with McConagha on April 15, 2005, the ban was upheld.

Doyle has not visited the library since then.

Letter a surprise

Doyle said he wasn't aware of any problems until he received McConagha's letter.

"No one asked me if I did anything or got my side of the story," said Doyle. "I was minding my own business, and they handed me this letter and told me I was banned."

Doyle said he believes library officials fabricated the story to keep him out, a move he says was racially motivated.

"I think it was part of it," he said. "I don't think it was the only thing."

He's afraid the library's policy allows officials to ban any patron for any reason, Doyle said.

"There's no telling how many other people they've done this to, white and black," he said.

The library's former director, Bob Saunter, questioned him years ago regarding similar complaints, but he was never banned from the library, Doyle said.

Although the ban expired weeks ago, Doyle said he has not returned to the library.

"I don't feel comfortable going into that facility," he said.

Library code of conduct

Patty Fonseca, the library's assistant director, declined comment.

She would not discuss the library's procedure for banning patrons or the number of people who have been banned. She referred all questions to the library's policy manual.

In the March 21 letter to Doyle, McConagha wrote that the complaint was made by "a female African-American library user."

According to the library's policy manual, patrons "shall not harass or annoy others by ... staring, following another person about the building, or behaving in a manner which reasonably can be expected to disturb others."

Patrons may be banned from six months to two years for violating any of the policies, according to the manual.

The library's code of conduct suggests that patrons aren't notified prior to being banned.

"Facility managers will issue the ban after consultation with the library director," according to the code of conduct. "Persons banned will be notified in writing if possible. They may appeal the ban in writing to the Library Director within 30 days of the receipt of the ban letter."

In a letter to Doyle's attorney April 25, 2005, McConagha wrote that, upon appeal, Doyle was given the opportunity to tell his side of the story.

However, McConagha upheld the ban, in part because Doyle "was not able to offer an explanation of why the complaintant would fabricate such a story."

Contact this reporter at (937) 328-0360 or vlough@coxohio.com

Breaking news by e-mail

Start your day with top headlines in your inbox and get breaking news e-mail alerts at any time by subscribing to our Headlines e-mail newsletter.

See Sample | Privacy Policy

From our partners at WHIO-TV

Top video story



From our partners at WHIO Radio


Copyright © Sat Jul 04 19:10:36 EDT 2009 Springfield News-Sun, Springfield, Ohio, USA.All rights reserved.

By using this site, you accept the terms of our Visitors Agreement and Privacy Policy. You may wish to note our other business policies.