A look back at 2021

The beginning of each year for many of us is a time of introspection. We reflect on the previous year, what challenges were faced, what monumental milestones happened and what goals were or were not completed. With the new year being symbolically seen as a time for fresh starts, we look forward hopefully to seeing new milestones, meeting new goals and realizing our dreams.

Indianapolis Public Library

In true “New Year” tradition, this blog post will reflect back on 2021 but will do so on the topic of libraries and the legal issues they faced throughout the year. 2021 was the second year in a row where issues related to the COVID-19 pandemic dominated the year. Libraries were continuing to figure out the “new normal” and they were adjusting to operate in a world where masks, social distancing and frequent sanitizing were becoming the norm. Among all the normal legal issues employers and public entities face, libraries additionally faced legal issues and challenges related to mask and vaccine mandates and limitations on the use of library meeting rooms and their other public spaces.

Keeping libraries fully staffed remained an issue as frequently employees were out due to COVID-19 illness or quarantine. Story time and library programs became more challenging as the move to digital, versus in-person, programs triggered new technology and copyright challenges. There was renewed interest by libraries in patron liability waivers for programs that did occur in person, as libraries were concerned about being sued if someone got sick after attending a library event. As federal funds trickled their way down to local government entities, including public libraries, there were questions about the steps needed to legally receive and use the funds and how to account for such funds in library financial records.

The Indiana General Assembly enacted several laws related to local government and the pandemic that impacted libraries as well. For example, the General Assembly enacted a law that broadened the authority of local government, including libraries, to hold meetings electronically. Additionally, express authority was granted legislatively for important government documents to be signed electronically. Both of these changes were in response to the need for libraries and other local government entities to be able to continue to govern and maintain operations in the face of public health emergencies and other disasters. The General Assembly also passed a law that prohibited local government entities from requiring vaccine passports (proof of vaccine) making it more challenging for libraries with vaccine mandates to know for sure staff had been vaccinated.

Added to the mix of COVID-19 related issues were the individuals doing “First Amendment audits.” First Amendment audits are when a person or people enter and walk through the library (or post offices or court houses or other government/public settings) with a video camera to record their experience. If the person or people recording are able to record uninterrupted, the public agency is said to have passed the audit. Questions and concerns around patron privacy and how much libraries could legally intervene in such situations were common throughout much of the year.

As 2021 progressed, we grew to realize that the pandemic, while evolving, was not ending. As a result, goals for 2022 include continuing to find creative ways to provide effective uninterrupted library service while keeping library staff and patrons as safe as possible. One of the things libraries are doing is increasing electronic resources and internet accessibility for patrons. Another thing libraries are doing is allowing groups to use meeting rooms and study spaces but limiting capacity so that groups can social distance. Many in-person programs have resumed but have limited attendance capacity to facilitate social distancing. Enhanced sanitation practices continue.

Over time, libraries have evolved from being primarily book repositories and research institutions to being community hubs where you can hang out with your friends, hold study groups and community meetings, and find help, resources and programs on just about any topic. Libraries are resilient and accustomed to adjusting with the times. The challenges of the pandemic notwithstanding, your local library continues to remain one of your community’s best assets. Make it a resolution this year to learn about all the resources your local library provides. You might be surprised at what you find.

This blog post was written by Sylvia Watson, library law consultant and legal counsel, Indiana State Library. For more information, email Sylvia.

Evaluating online resources for COVID-19 data

Resources online for COVID-19 data are already plentiful. You can do a search today and find data on the internet from all over the world, from many sources and for a variety of audiences. So, this is a good time to review the ways we evaluate sources for data and information.

There is no one perfect method for validating a data source. The usefulness of the data does not necessarily determine its reliability, nor does its timeliness or currency. When you choose a good book to read, you generally look for a good author, right? When you’re looking for good data, you need to choose a data source that has been verified by other sources.

This will ensure that the next time you search for data, you know where it’s from, what makes it a credible source, and how reliable it is.

If you do a Google search on “evaluating sources,” you can find several helpful mnemonics and acronyms that can help you remember how to search safely:

SIFT = Stop. Investigate. Find. Trace.

CRAP Test/CARP/CRAPPO/TRAAP = Currency. Relevance. Authority. Accuracy. Purpose.

CRITIC = Claim? Role of claimant? Information backing the claim? Testing? Independent verification? Conclusion?

PROVEN = Purpose. Relevance. Objectivity. Verifiability. Expertise. Newness.

Any one of these methods is useful for evaluating information sources. When it comes to data specifically, these are important questions to ask:

Where is the data from?
What was the source for this number or set of numbers? Did this come from a database that was available to you online? What organization created or collected the data? For what purpose? Was it a government information resource, a well-known national nonprofit organization or a college or university-owned research center? Was the data private or public information?

Who owns or maintains the data?
What is the name of the individual researcher or organization which conducted the survey or held the focus groups or interviews? What agency or organization published its findings with a publicized database or report? Who maintains the website you downloaded the data from?

When was the data made available compared to when it was collected?
What was the time frame for data collection? When was the database or report based on this data published? What date was the data released? When did you access the data?

How reliable is the data?
For how many years has the study been done? Can the data be verified? Can the study be reproduced? What methods were used to collect the data? Is the study peer reviewed? How are the data collection methods evaluated? How reputable are the organizations producing the data? Who else repeatedly uses this data?

Here are some examples of current, reliable sources for COVID-19 data:
The most recent COVID-19 data available for our state comes directly from the Indiana Department of Health. This is a government information source. The ISDH has been transparent in releasing current information daily throughout the pandemic. Since we get the numbers directly from the ISDH, it is our primary data source. We’re not relying on a secondary source for information.

For federal statistics on COVID-19, the Centers for Disease Control and Prevention provides a COVID Data Tracker with cases and deaths by state and county.

For global statistics on COVID-19, the Johns Hopkins Center for Systems Science and Engineering maintains a COVID-19 dashboard that shows cases by country and world region. It includes information about data sources and technical production of the database.

This blog post by Katie Springer, reference librarian. For more information, contact the Reference and Government Services Division at 317-232-3678 or submit an Ask-A-Librarian request.

Keeping clean: Methods your State Library takes to make sure your library experience is safe

The COVID-19 pandemic has brought about sweeping changes to the way we live, work and interact with one another. Tasks we take for granted, such as going to the grocery store, meeting with friends and even going to the library to find materials for research have been made somewhat more challenging to carry out. Here at the Indiana State Library, we do a lot to keep everything clean and to ensure that both patrons, and ourselves, have a fun and safe library experience.

Several studies have noted that the virus survives on hard surfaces for about two or three days, and up to 24 hours on paper. Sanitization is top priority at the library, and the staff makes sure to clean and disinfect all surfaces as often and thoroughly as possible. In the case of books, which understandably do not do well to be soaked in cleaners on a regular basis, they are placed in isolation for a set period of time until it is safe to return the materials to the stacks.

Patrons are welcome to come inside the building, but to encourage social distancing and personal safety, that library is operating on an appointment-only schedule. If you are a walk-in patron and didn’t make a prior appointment when you stop by, don’t worry. If we have appointment slots available, we will still be able to help you with your research needs. Seating arrangements to encourage social distancing are available, hand sanitizer is provided at the information desks and also next to each elevator in order to keep things clean, and to reduce the spread of the virus and other bacteria. Are you unavailable to come to the library personally? Patrons can chat with a librarian through Ask-a-Librarian, with no charge.

As per county mandates, face masks are required for entry into the library facility. Don’t have a mask? No worries. We provide free paper masks at our circulation and information desks. Simply ask the librarian or desk attendant and we will be happy to give you one. If you live in Marion County and you’re seeking something a bit more permanent and portable, the city of Indianapolis and IndyGo have partnered to provide free cloth face masks that can be picked up at the Julia M. Carson Transit Center in downtown Indianapolis. Masks can also be ordered online.

We hope that these procedures and precautions allow to you to fully utilize all the services the Indiana State Library has to offer, all while keeping you safe and giving you peace of mind.

Please call 317-232-3675, email or use our Ask-a-Librarian service to schedule an appointment.

This post was written by Damon Lawrence, library technician 2, Indiana State Library.

Novel coronavirus COVID-19 resources for libraries

The following blog post is intended to provide general information and should not be construed as legal advice. The author relied on federal law and Indiana law, but did not research any other jurisdictions. Due to the rapid changes of this evolving public health emergency, the most appropriate information and recommendations will likely change daily. The information below is up-to-date as of March 18.

Libraries throughout Indiana are now embracing the dual challenge of meeting community needs while protecting the safety of staff and patrons during the current outbreak of the novel coronavirus, known as COVID-19, as well as other pandemic diseases in the future. Symptoms of COVID-19 include fever, cough and difficulty breathing.

The COVID-19 outbreak provides an opportunity for local public libraries to educate the public using reliable and accurate sources for medical and public health information. The geographic spread of the virus also creates an opening to reinforce libraries’ traditional values of inclusion and non-discrimination.

Libraries are asking about their obligations to staff and patrons during a pandemic. The Indiana State Department of Health advises public facilities to take “every day preventive measures” to help contain the spread of COVID-19. These include:

  • Ensuring adequate hand washing facilities and supplies are available.
  • Posting signs encouraging proper hand washing and respiratory etiquette.
  • Encouraging sick employees to stay home.
  • Encouraging patrons not to enter the building if they are sick.
  • Performing routine environmental cleaning (cleaning all frequently touched surfaces in the workplace).

The Centers for Disease Control and Prevention also recommends that employers create an infectious disease outbreak plan in order to be ready to implement strategies to protect their workforce from COVID-19 while ensuring continuity of operations. See CDC’s Interim Guidance for Businesses and Employers for more information.

The U.S. Department of Labor suggests employers review their leave policies and consider providing increased flexibility to employees and families. Because flexible policies can open the door to discriminatory practices, DOL reminds employers they must administer flexible leave policies in a manner that doesn’t discriminate against employees because of race, color, sex, national origin, religion, age (40 and over), disability or veteran status. Read more here: Pandemic Flu and the Family and Medical Leave Act: Questions and Answers.

Some of the measures that libraries are already taking include:

  • Increasing the frequency of sanitizing public computer keyboards.
  • Cleaning public contact surfaces twice per day.
  • Making hand sanitizer available in numerous locations (e.g., public computers, circulation desk and staff area) with signs encouraging use and encouraging patrons to use hand sanitizer both before and after using the computer.
  • Encouraging staff to wash hands frequently and thoroughly.
  • Cancelling programs; either some or all for a temporary period.
  • Removing toys or other touch-heavy objects from children’s areas.
  • Curbing outreach to at-risk populations, such as retirement communities.
  • Temporarily suspending requirement of a doctor’s note for an extended staff absence.
  • Closing temporarily, reducing services or changing the services provided.

The following resources provide additional suggestions and information:

Indiana Library Federation: About COVID-19 and ILF Response
Every Library: Resources for Libraries on Coronavirus
Library Journal: What Public Libraries Need to Know about the Coronavirus

Libraries do not need to start from scratch in designing new policies and procedures to address COVID-19 or other pandemic diseases. We urge you consult your library’s attorney before proposing changes or additions to your library’s policies, but the following resources can serve as templates to help you get started:

As we move through this ever-changing public health crisis, it is reassuring to discover so many organizations sharing freely of their time and resources to help us all figure out what we need to be doing.

Written by Cheri Harris, certification program director/legal consultant at the Indiana State Library