We have talked about the stupidity of book banners many times here. This isn’t news – you can hardly fail to find news updates about ding-dongs who want to keep books away from everyone else because of some foolishness in their own lives. SIGH.

Plus, really: it must be embarrassing for the small number of people who are so terrified of other humans that they want to have books banned. They may bluster around in public – but inside, they have to be ashamed of what small minded fear they are wrapped in. Most of us have absolutely no interest in being so terrified of people who are just…people.

It’s obvious that this is bad for readers, bad for libraries, and bad for communities. There is no question about this.

Now there is another problem that has arisen: insurance. Nobody wants trouble with their insurance – it’s always going to be terrible. Always do what you can to avoid this kind of trouble – including shutting down the more hysterical people who attempt bad-faith book bans.

And, on a strictly practical note: the more these issues can be moved from a “placate hysterical loudmouths to make them be quiet” strategy that allows mean-spirited bans, to an understanding that this kind of terrible behavior will cost actual money – tens or hundreds of thousands of taxpayer money; then the less likely libraries, boards, and communities will be to allow this kind of foolishness by a few foolish people.

Check out this article excerpt from the Risk and Insurance website; and you can read the whole thing here.

“As the Pressure to Ban Books Increases, So Do the EPLI, Property and D&O Exposures

A recent surge in book banning should have public libraries reviewing risk management and insurance practices with their brokers and other insurance personnel. 

““It goes against the basic premise of libraries being open and welcoming to all,” said Holly Ambrose, collection management director for the Bucks County Free Library, which manages multiple libraries in Bucks County, Pa.

“We serve a larger purpose in the community. We want everyone who comes to the library to see themselves in our collections and feel included.” 

However, some community members are scrutinizing select titles, often under the guise of protecting young readers from “sensitive topics,” opening the door to a unique set of risks and challenges, from employment practices liability and D&O implications down to potential property claims stemming from vandalism and more. 

“Book banning can impede our jobs because it goes against the very nature of what a public library is for. It’s important for libraries to be proactive and have a policy in place and have staff trained on what to do if a challenge is presented,” said Ambrose. 

Regardless of the reason behind a book challenge or ban, public libraries are seeing more public demand to remove titles. That’s why it’s important for risk managers and other risk personnel, from the CFO to the insurance broker, to understand the risk areas this could present.

Employment Practice Liability Implications 

Librarians feeling the pressure from book banning could lead to employment practice liability risks, especially if those in the community pushing for a ban turn to tactics of harassment or violence.

“One of the fundamental risks here is employment claims,” said Larry D. Mason, partner, Global Insurance Services group, Goldberg Segalla.

He added that the current climate could lead to “wrongful termination in hostile work environment type suits. As an example, take a librarian that refuses to comply with directives from a supervisor who’s instructing the librarian to remove books from circulation. Say they disagree on First Amendment grounds. 

“That can lead to employment litigation. So can the instance of a librarian quitting due to harassment and pressure to ban books, and then they sue over it.” …

A D&O Review Is in Order 

Another potential risk area is centered around directors’ and officers’ claims.  

Because many of these book ban demands are reaching boards of directors for the public libraries in question, these institutions could see a potential spike in D&O-related claims should the board act or react in a way the community does not approve of. 

“Many libraries have boards of directors or trustees of some nature who provide oversight and make decisions on behalf of the public institution,” Mason explained.

“In the event that a board takes a stand that’s against, say, a minority viewpoint in a community that wishes to ban a book, and they get sued directly for their decision … the public libraries should be focused on directors’ and officers’ liability insurance.” …

Potential Property Implications 

An unfortunate piece of the puzzle that should also be top of mind for library risk personnel is the potential for vandalism.  

Mason said that he has yet to hear of a specific instance of vandalism occurring due to increased pressure to remove books from libraries, but he said he wouldn’t rule it out. 

“Most public libraries have property insurance protection to protect against the basic things — fire, flood, typical perils,” he said. “But when it comes to the tensions of book banning, I could see a rise of vandalism and malicious mischief type claims.” 

Kazi also said that, while public libraries may have a typical property policy, it’s important to review coverage for the collection inside the building. “

You can read the whole article here!