American Notes the Homeless

Street person Richard Kreimer won national attention -- and a potful of cash -- when he sued the public library in Morristown, N.J., over a patron code of conduct that banned homeless people with poor personal hygiene. But the self- styled "homeless Ralph Nader" found himself barred from the building once again last week when a federal appeals court in Philadelphia overturned his victory and upheld the right of public libraries to expel vagrants in certain circumstances. A lower court had said the rules were an infringement of Kreimer's First Amendment rights, but the three-judge appeals panel disagreed. Although the library is a public forum, it "need not be used as a lounge or a shelter," wrote Judge Morton I. Greenberg.

Kreimer became a minor celebrity when he took Morristown to court in a separate action over alleged police harassment. Although town officials denied the charges, they settled his case for $150,000 rather than engage in a protracted and costly court action. Kreimer received an additional $80,000 payment two months ago from the library's insurance company, which chose to settle his claim before the appeals court issued its ruling.