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Crook County commissioners suspend two library code‑of‑conduct clauses pending rewrite and legal review
Summary
After public testimony flagged potential constitutional vagueness and filming restrictions, commissioners moved to suspend paragraphs 3 and 8 of the library patron code of conduct, asked staff to post an interim update online and tasked county counsel and an engaged First Amendment attorney with drafting a revised policy.
Crook County commissioners voted during their July 8 work session to suspend two specific paragraphs of the county library’s patron code of conduct while county staff and outside counsel rework the language.
County counsel explained that rather than suspending the entire code it would be appropriate to pause paragraph 3 (the section that expands on "misconduct" and references feelings and psychological discomfort) and paragraph 8 (a provision requiring notice to staff before photographing or filming on library property). After discussion, a commissioner moved to suspend paragraphs 3 and 8; the motion was seconded and the board approved the suspension.
Justin Alderman, who identified himself for the record, told commissioners the vague language and the filming requirement had created problems in other public settings and could prompt constitutional challenges. "There’s well established constitutional case law on that particular issue," Alderman said, urging advance correction to avoid future litigation. County counsel acknowledged the concern and said staff had engaged an attorney experienced in First Amendment issues to help redraft the code.
Library staff (Kim) told the board the code had been in place before her tenure and that she supported rewording problematic clauses while keeping a behavioral policy that protects staff and patrons. Commissioners instructed staff to remove or replace posted copies of the two paragraphs at library locations and to post an interim notice on the county website explaining the temporary change.
County counsel said once staff prepares a redraft and the engaged attorney provides guidance the revised code will be presented to the commissioners and then to the library board of trustees, which has primary rule‑making authority for library patron conduct. Commissioners directed staff to return with the rewrite and any recommended action for board approval.
Motion and outcome: A motion to suspend paragraphs 3 and 8 was made and seconded; the chair called the question and the motion passed. Staff and counsel will post interim language on the county website, remove the challenged paragraphs from on‑site postings while the rewrite proceeds, and provide an updated draft to the commissioners and the library board of trustees for review.
