Library responds to lawsuit

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The Jackson County Public Library has responded to the lawsuit brought against it Tuesday by the American Civil Liberties Union of Indiana concerning a lifetime ban against a patron for leaving an anti-Trump poem at the circulation desk.

A news release from the library states “The Jackson County Public Library has been made aware of a lawsuit filed by the American Civil Liberties Union of Indiana in U.S. District Court, Southern District of Indiana, New Albany Division, on behalf of one of its clients.”

The library says it has turned the matter over to its attorneys, who advised the library to “make no comment as to the merits of or veracity of statements made in this lawsuit.”

Matt Lorenzo represents the library as its attorney.

“The library will defend its actions and continue to protect the health, well-being and safety of its patrons and staff,” the news release reads.

The letter states the library “stands as a defender of the First Amendment and other protections afforded by the U.S. Constitution and the laws and regulations governing the United States and the state of Indiana.”

The ACLU of Indiana filed the lawsuit on behalf of Richard England, 68, of Seymour, who contends the library issuing a lifetime ban against him for sharing the poem is a violation of his First Amendment right of free speech.

The ACLU of Indiana alleges the poem “was not vulgar, threatening, obscene or otherwise inappropriate.”

When he returned home, England said he had a voicemail from the Seymour Police Department saying he was banned from the library for the rest of his life and if he returned, he would be arrested for criminal trespassing.

England contacted the library after receiving the voicemail, and the circulation manager told him, “We don’t do politics at the library,” according to the lawsuit.

In addition to contending his First Amendment rights are being violated by the ban, England also contends he was not afforded notice of the ban and an opportunity to be heard prior to its issuance, which violates the Due Process Clause of the 14th Amendment to the Constitution.

England said he wants to be allowed to return to the library, which is open for curbside service only because of the COVID-19 pandemic, and to recover his costs and attorneys’ fees.

In a news release from the ACLU of Indiana about the lawsuit, Gavin M. Rose, senior attorney for the organization, said, “The library’s action banning Mr. England from accessing materials impacts his right to receive information. In addition, the First Amendment protects people who, regardless of their views, attempt to hold the government accountable through expression.”

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