On April 17, 2013 and April 28, 2013, Mr. and Mrs. Jacobowitz, found violent video games
in the teen area of the Warwick Public Library, known as “Teen Space.” The Jacobowitz’s 13 year old son, Arizona,
who is diagnosed with PDD-NOS (Autism) wanted to play “Zelda” which contain
scenes of fighting with swords, blood content, etc. Mr. & Mrs. Jacobowitz did not allow
Arizona to play the violent games on either day and as a result, on April 28,
2013, Arizona tantrumed.
On April
29, 2013, Mr. and Mrs. Jacobowitz, returned to the Warwick library to express
their discontent for the library possessing and allowing the teens to play
violent video games at the library and consider this to be a form of mental
abuse.
Two weeks later, on May 15, 2013, Diane
Greenwald, the director of the Warwick Public library, forwarded a letter to
Mr. and Mrs. Jacobowitz banning Arizona from “Teen space” for 6 months in
violation of the library’s behavior policy.
The behavior policy states, “Unacceptable behavior includes any form of
harassment which could result in physical, emotional, or mental injury to
oneself or others, or when it could result in damage to library facilities,
equipment, or materials.” The Warwick
Public Library did not accept any level of liability for providing “Teen space”
with violent videos. Ms. Greenwald
stated, “I will be willing to review this restriction with you after 6 months
if you feel Arizona is ready to use the Teen space appropriately.”
Mayor Scott Avedisian was contacted and received the
following response from Ms. Greenwald, “[T]he decision was made following several
fairly serious incidents that, according to reports at the time, involved
screaming, hitting, and disruptions that lasted for more than 15 minutes, and
were the result of Arizona being told that it was time to leave and when he was
told he had to wait his turn.” Greenwald
also stated, “[A]ny games in the Teen space are rated appropriate for teens,
and that the library does not carry violent videogames.” Ms. Greenwald further stated that she will be
willing to meet and discuss when and how Arizona can return to Teen space.
In our reply letter to Mayor Avedisian, we noted
several key factors-(1) The behavior policies for most libraries are out dated
and does not address behaviors that are a manifestation of one’s different
ability; (2) the decision was made, not following several “fairly serious
incidents,” but two weeks after a tantrum and concerns were expressed about
videos that contained violence being allowed at Warwick Public Library in the
Teen space; (3) The rating teen appropriate on a videogame does not necessarily
mean that it is appropriate for teens per se, adults usually determine what’s
appropriate for the child or teen; (4) Banning Arizona from the “Teen space”
for 6 months fail to offer a correlation between the inappropriateness of his
behavior (tantrumming) and the ban in a way that he could understand the
reasoning; and (5) Places of Public Accommodations are required to provide
accommodations by law. Several
suggestions for accommodations were forwarded to the mayor.
Today, a place of Public Accommodations may decide
to ban individuals with autism and other special needs, tomorrow they may
decide to ban- senior citizens, people of color, various races, gay or
lesbians, and maybe you.We are waiting to hear back from Mayor Scott Avedisian and Diane Greenwald on a plan to accommodate people with special needs, rather than excluding them.
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