Plaintiffs seek summary judgment in Crawford County library dispute over LGBTQ books

Plaintiffs hoping to reverse actions by the Crawford County Library System that relocated books with LGBTQ content have filed a request for summary judgment and are hopeful a previous court ruling will result in a favorable outcome.

Attorneys Brian Meadors and Terrance Cain on Feb. 18 filed the summary judgment request on behalf of Crawford County citizen Rebecka Virden and other plaintiffs in the U.S. District Court for the Western District of Arkansas. The case is before U.S. District Judge P.K. Holmes III.

The lawsuit was first filed May 30, 2023, against the library system and the Crawford County Quorum Court following book censorship actions by the library system.

The controversy began in November 2022 when Tammy Hamby and her husband Dr. Jeffrey Hamby worked with the River Valley City Elders to lead a campaign against LBGQT+ books then available through the library system. Tammy Hamby would be appointed to the Crawford County Library Board by Crawford County Judge Chris Keith and named the board chair.

“A religious group pressured the Crawford County Quorum Court to remove ‘LGBT books’ from the children’s section of the Library. The Quorum Court told the Library to address the issue or be defunded,” noted the summary judgment. “After the Library pleaded with the QC not to close the Library, they reached a compromise: the books would be moved to the adult section, out of children’s sight. The Library did this and also put stigmatizing labels on the books. These actions infringed on Plaintiffs’ ability to receive information. After multiple, unsuccessful attempts to undo the compromise, the Plaintiffs sued.”

Plaintiffs are seeking for book availability to return to June 2022, which would mean children’s books moved to the “social section” in the Crawford County libraries because of LGBTQ content would be returned to the children’s section. Plaintiffs also seek legal fees. (Link here for the PDF of the brief in support for the summary judgment.)

Based on estimates by Talk Business & Politics from previous reporting and statements from public officials, Crawford County has spent and/or budgeted at least more than $260,000 on legal bills related to the actions by Hamby and others to censor or relocate books. That amount does not account for what could be hundreds of combined hours in legal work by attorneys for the plaintiffs.

Meadors said in the filing that the Crawford County case is similar to a 2000 lawsuit (Sund v. City of Wichita Fa!ls, Tex.) in Texas. That case resulted in a federal court overturning all actions to relocate and remove LGBTQ books from a public library.

“What we’re asking for is not some new novel thing. Were just asking that it goes back to the way it was,” Meadors said Monday.

Forrest Stobaugh, an attorney with Little Rock-based firm PPGMR Law and lead attorney for the defendants, declined to comment.