ACLU asks Iowa City Public Library to remove bathroom cameras

The American Civil Liberties Union of Iowa is asking the Iowa City Public Library to remove security cameras from its bathrooms over privacy concerns raised by a patron.

The ACLU of Iowa emailed the letter Friday on behalf of University of Iowa sophomore Kellsie Pepponi, who in September had used one of the bathrooms and afterward noticed a camera on the bathroom ceiling.

Pepponi saw a sign outside the bathroom noting cameras were in use but, in seeing cameras outside the bathroom, believed the sign was referencing those cameras, the letter said. She did not notice the camera inside the bathroom on her way in because they are near the entrance, but noticed it while standing inside one of the stalls, the letter said.

In the letter, the group asks that the cameras, located in the common areas of the bathrooms, be removed because of violation of patrons' privacy. If that is not possible, the letter said, the group asks the library to post more adequate notice that the cameras are located inside the bathrooms, that the recordings are subject to open records requests, and to make clear what is being recorded and who maintains the recordings.

The group asks the library to respond to its request and make the changes by Wednesday.

In 2013, the ACLU of Iowa obtained recordings from the common areas of men's and women's restrooms via a public records request, the letter said. The footage showed patrons changing, getting dressed and "adjusting themselves."

"While individuals are given notice that they are being recorded, library patrons have an expectation that these private acts should not be observed nor recorded by a government entity," said Rita Bettis, ACLU of Iowa Legal Director, in a news release.

Library Director Susan Craig said in a Friday interview with the Press-Citizen that the cameras record only the common areas and do not collect video from inside the stalls.

"I absolutely understand concerns people have about what exactly we're taking pictures of, but usually once they understand that it's only in the common space, not in the stall area of the restrooms, they are more understanding," Craig said. "It's just part of the security camera system in the library, and it is there for the safety and security of people. It is also there to protect against theft and vandalism."

Footage from the bathrooms is not actively monitored by library staff, she said, and is deleted after seven days. If footage is required for criminal investigations, there are four employees authorized to examine the footage, she said. Those employees are Craig, the administrative business office manager, the head of the library's IT department and a staff member who works in the community and access services department.

In the past, the library has provided police with footage that has led to arrests related to theft, vandalism and an assault, Craig said.

"The cameras have been quite invaluable since they were installed," she said. "The city attorney has said that as long as it is the common area only, it is legal and that there should be no expectation of privacy in the common area of a public bathroom. That's why we have them."

The library opened its new building in 2004, Craig said, and the cameras have been functioning for more than 10 years. Signs stating "security cameras are in use" are posted outside of the bathrooms and inside some of the bathrooms.

Veronica Lorson Fowler, communications director for the ACLU of Iowa, reiterated that at least, according to the complaint, the signage should be updated. She said the situation is different than a department store placing security cameras in common areas near changing rooms and in bathrooms.

"There's a problem there and, obviously we love libraries and we love the Iowa City Public Library, but there's a problem that needs to be addressed. Right now, any footage they take, because they are a government agency, is subject to open records," she said. "At the very, very least they need to update their signage, because people are not aware that they are being, in some of their more private moments, recorded. That would seem a very straightforward solution to part of the problem."

Craig said the city attorney's office and the library's board of directors are reviewing the complaint. She said the nine-member board will review any recommendations made by the attorney's office.

"Ultimately, it's the board's decision," Craig said.

Reach Andy Davis at 319-887-5404 or at aldavis@press-citizen.com, and follow him on Twitter as @BylineAndyDavis.