Ban on Subversives’ Use of Library Meeting Room to Stand, Council Rules

A decades-old policy that bans groups whose ideology is deemed “subversive” to the U.S. Constitution from using the meeting room at the Newport Center Library will remain on the books even though it has never been enforced.

The library’s sole meeting room is rarely available for public use because it is usually occupied by library groups, according to library officials. And there has never been a group that has been refused use because of its ideology.

However, while the policy may be moot in practice, it will remain intact, despite concerns by the city attorney’s office that such a ban is unlawful.

The City Council approved a review of the policy that keeps the ban in place.

In addition, the council retained a clause in the policy that allows the library to review the bylaws of groups that want to use the room to determine the nature of the organization.

The only change in the policy allows the council and groups on city business greater priority in using the room.

The city attorney’s office had recommended eliminating the 10-year-old policy because it could be challenged by groups who felt that they had been discriminated against. The council, however, felt that the policy was simply a guide and should be retained as such.

Civil liberties groups questioned the council’s decision.

“It sounds constitutionally very shaky,” said Joe Hicks, communications director for the American Civil Liberties Union. “The point is, once you start prohibiting people based on what one person or group of people thinks, that’s when things get very dangerous.”

Hicks added that the ACLU probably will not challenge the policy now, but may get involved if any group is ever banned.