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Monday, Mar 22, 2010
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Idaho ACLU settles with library over Joy of Gay Sex |
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| Idaho ACLU settles with library over Joy of Gay Sex | ||
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The Nampa Public Library Board of Trustees and the American Civil Liberties Union of Idaho announced Monday a resolution that avoids a lawsuit and restores two books in the Nampa Library to the public stacks. A policy decision by the Library Board on June 2, 2008 placed the New Joy of Sex and the Joy of Gay Sex in the director's office, available to those who ask specifically for the books. The ACLU challenged that policy, claiming it violated the First Amendment of the U.S. Constitution. The organization cites several cases establishing that a policy restricting or sequestering books violates the public's right to open information. The library board met Friday and, after discussing the cost of defending against a lawsuit, voted unanimously to rescind the June policy "as a matter of fiscal responsibility," said Board member Kim Keller. Nampa City Attorney Terry White explained that the cost to litigate a major First-Amendment case could easily exceed hundreds of thousands of dollars. Keller said he felt the June policy change was a good compromise, but that the financial viability of the public library was paramount. "The ACLU of Idaho commends the Nampa Public Library Board of Trustees for making information freely accessible and for respecting the First Amendment rights of its patrons, " says Lea Cooper, ACLU Staff Attorney. Library Board Chairman Rosie Delgadillo Reilly said the board will continue to discuss the collection development policy to best reflect the mission of the library. The June policy change, which allowed the books to stay in the library, but sequestered them to the director's office, was established after public hearings earlier this year on a board vote of 3 to 2. The library board's decision on Friday was unanimous. The mission of the American Civil Liberties Union is to preserve all protections and guarantees granted by the Constitution's Bill of Rights. It also works to extend rights to segments of the population that have traditionally been denied their rights, including Native Americans and other people of color, LGBT community members, women, mental-health patients, prisoners, people with disabilities, and the poor. A state affiliate of the national ACLU, the ACLU of Idaho, is located in Boise, ID, and works to defend liberty in Idaho through litigation, advocacy, legislation, and public education. Courtesy of the ACLU |
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