Lawsuit to go on despite library decision, attorney says
Closing the three libraries in the Llano County Library System will not affect the Little v. Llano County lawsuit, which will move forward, according to an attorney for the plaintiffs. Also, Llano County Precinct 4 Commissioner Jerry Don Moss and Library Advisory Board Vice-chairman Bonnie Wallace still will have to appear before the court as ordered by a U.S. District judge on April 27 or face possible sanctions.
“We will continue to see a permanent injunction against censoring books in case they ever reopen the library,” said Katherine Chiarello of Wittliff Cutter law firm in Austin, when asked about what would happen if the libraries were closed.
Llano County commissioners are meeting at 3 p.m. Thursday, April 13, to discuss that possibility. According to the agenda, they will meet in executive session to also discuss “action regarding the continued employment and/or status of the Llano County Library System employees and the feasibility of the use of the library premises by the public.”
The county’s four commissioners and County Judge Ron Cunningham are holding the special meeting in response to an order enjoining the county to return 17 books to library shelves and the digital catalog system. The books were back in circulation on March 31.
In a different ruling, U.S. District Judge Robert Pitman of the U.S. District Court for the Western District of Texas, Austin Division, ordered Moss and Wallace to appear in person at 10 a.m. April 27. The two did not appear for depositions on March 22 and 27, respectively. They could face sanctions that would include contempt of court charges, rendering a default judgment against the disobedient parties, or paying expenses accrued, including attorney fees, for missing the scheduled appointments.
The U.S. District Court does not have a say in whether the libraries should remain open, but people supporting the libraries can have an impact, according to Chiarello.
“The citizens of Llano can make themselves heard,” she said. “It is un-American, it is against the rule of law, and it is not good for the people of Llano County to be deprived of the many services the library offers to the community.”
People on both sides of the issue plan to show up in force at the meeting, which is being held in the Justice of the Peace Precinct 4 courtroom, 2001 Texas 16 North in Llano. The small room holds about 40 people and is often crowded, even when a meeting is not controversial.
“I am aware that several people are very upset by this,” said Leila Green Little, one of seven plaintiffs in the case. “I think there will be a big turnout.”
Buchanan Dam resident Wayne Shipley is also upset over the issue, but for different reasons. He plans to be there and hopes to speak during public comment. He, too expects a big crowd to overflow the small courtroom.
“I was taken by surprise that the county is having to look at this step,” he told DailyTrib.com. “Seems to me this issue is being forced by the plaintiffs. It’s not about banning books. The books in question are explicitly pornographic in nature. They should not be available for children to pick up off the shelves.”
Shipley did agree that not all 17 books listed fit in that category, including one about the Ku Klux Klan, another about the caste system, and a children’s series about farting animals and imaginary figures.
“Those aren’t the ones driving the issue,” he said. “I think those are put in there to blur the issue.”
To the plaintiffs and attorney Chiarello, closing the libraries punishes the entire community.
“The library isn’t just a place for people to read books,” she said. “It’s a place where hungry kids in Kingsland are fed over the summer. It’s difficult to understand why the elected officials of Llano County would close the library instead of following the rule of law and the Constitution. If the defendants disagree with the judge’s order, then they should take an appeal, and that is what they have done.”
An appeal of the injunction is pending in the Fifth Circuit Court of Appeals. On April 11, the defendants also filed a stay to stop the preliminary injunction order pending appeal.
Besides the county commissioners, defendants in the case include Library System Director Amber Milum and the officers of the Library Advisory Board. The plaintiffs are seven Llano County residents with library cards.