Ross Tobia suffers from mental illness and is suing the Memorial Hall Library for $10 million dollars after he was banned from the library for allegedly swearing, yelling, and threatening staff.
He claims his civil rights were violated when the police informed him to stay away from the library or risk arrest. Tobia states, "The library is the bastion of free speech in the nation and as such must be available to all citizens." Tobia was banned on January 11 after he was caught shouting at surveillance cameras, shouting as he threw books in the book drop, and harassed and threatened several staff persons within the library.
Tobia's response to these allegations are that he suffers from epilepsy and bipolar disorder. He sometimes talks to himself and becomes agitated. He claims, however, that he is harmless and that his illnesses should be accommodated in the library. As far as the shouting is concerned, Tobia claims that he had his iPod on when he spoke to library staff and might not have realized he was yelling.
My opinions are torn. On one hand I think that if a patron is repeatedly being disruptive and then threatens library personnel, then that person should definitely be banned from the library. Disruptive behavior does not allow other patrons their right to enjoy the library and all it has to offer. On the other hand, I think too many times patrons with mental illnesses are banned just because it is easier than dealing with them. I also think a lot of library personnel do not know how to interact with the mentally ill and therefore see them automatically as a threat. I suppose this is hard to say which is the right side considering I have never seen this man in action.
It does scare me though when I hear about these types of lawsuits being brought against libraries. It seems it gets harder for the library staff to make decisions about banning when lawsuits like these arise. Remember the man who successfully sued the library for banning him over his smell? I suppose this should prompt libraries to reevaluate their policies and strengthen any wording that is not clearly defined.
5 comments:
Clearly defined policy is definitely the key in this case. While one hates to think of those with mental and emotional disorders being turned away, there is a point when the library can do no more. We want to serve everyone, certainly, but we can't put a single patron above the hundred others who are attempting to use the library as well.
It's really a tough call though, you really hate to turn people away, particularly if you're pretty sure they can't control themselves. As long as the policy covers all the bases, even if a lawsuit shows up, hopefully it will be ruled in the favorite of the library.
I agree with both of you. They need to make sure their policies are clearly defined and that there are no uncovered bases. This man, if truly ill, does deserve to use the library, but so do the hundreds of other patrons.
This is a tough case. I would hate to be on the jury!
Hi Dawn!
Surprisingly, I have NO problem at all with this one. Once you actually THREATEN someone, library policy is irrelevant because the law steps in. I'm all for public access & serving all members of the community equally, but would not hesitate to ban someone who made threats...even if they self-proclaim that they are harmless. They usually are harmless--until someone gets hurt. BTW, what the heck does being epileptic have to do with anything? Both my mother & my sister are epileptic & it has nothing to do with behavioral problems. The worst thing an epileptic does before having an episode is completely blank out--it's not like having a seizure from being diabetic where a person may actually act out abnormally.
Seriously, 10 million dollars for behaving horribly and having consequences? Funny how he can control his behavior long enough to walk into a lawyer's office...
Kathleen
I just want to let you know that I had Ross Tobia as a teacher while at ITT in woburn. While he is "harmless" in the sense that he will most likely not physically assault anyone at the library, his presence would not be conducive to the learning and studying that the library truly is a bastion for.
This article is based on false court records. No such records exist in Docket ESCV2008-00215-B Essex SS. Furthermore, no such complaint or counter compplaint has been served to the Plaintiff.
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