Crawford County seeks more time to negotiate judgment amount in library lawsuit

Fort Smith

by Michael Tilley ([email protected]) ago 0 views 

Lawyers for Crawford County on Wednesday (Oct. 23) sought an extension to respond to the settlement of a financial award in a lawsuit related to the removal and relocation of books in the county’s library system.

U.S. District Judge P.K. Holmes III ruled Sept. 30 against Crawford County in a First Amendment lawsuit regarding the removal and relocation of books largely because of objections from citizens to LGBTQ content.

In his decision, Holmes states that the “Court finds that even when the evidentiary record is construed in the light most favorable to the Defendants, it is indisputable that the creation and maintenance of the social section was motivated in substantial part by a desire to impede users’ access to books containing viewpoints that are unpopular or controversial in Crawford County.”

The Judge ordered the books be returned to their original locations and plaintiff’s attorney fees be paid by the county. According to the court, the plaintiffs sought an award of $112,978.31, with $108,377.75 for attorneys fees and $4,600.56 for costs.

Wednesday’s request by the county seeks to move the response date from Oct. 29 to Nov. 27 in an effort to negotiate a fee settlement with the plaintiffs – specifically attorney Brian Meadors who represented the plaintiffs.

“Defendants believe this extension is necessary to allow for the proper approval processes in both negotiations, acceptance of settlement, and appropriation of funding for the Plaintiffs’ fee award. Defendants’ counsel will continue to work diligently to ensure that should settlement negotiations break down, they will file a response to Plaintiffs’ motion promptly to avoid further delay. Defendants’ counsel has conferred with Plaintiffs’ counsel and Plaintiffs do not object to this motion,” noted part of the filing.

Meadors confirmed with Talk Business & Politics that he did not object to the extension, but declined to comment on the record about negotiation details.

CASE BACKGROUND
Meadors filed a federal complaint May 30, 2023, against book censorship actions by the Crawford County Public Library System. The Crawford County Library earlier in 2023 approved the relocation of books largely with LGBTQ content. Attorneys representing the library system argued that the relocation of LGBTQ books was not a First Amendment violation and instead “strikes a balance” that is “constitutionally compliant” and meets the standards of the community.

The controversy began in November 2022 when Tammy Hamby and her husband Dr. Jeffrey Hamby, a Van Buren family physician, 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 position she held for a year.

As of Aug. 20, 2024, the county has spent $219,605.05 in legal fees on the lawsuit. At that time, the county had also spent $165,696.06 on a related Act 372 suit.