Crawford County officials want library system to pay potential lawsuit award

Attorneys for Crawford County have asked the court to understand it is time for a First Amendment lawsuit against the county to finally come to an end. The attorneys also want the county’s library system to pay damages and attorney fees.

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.”

Holmes 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.

Lawyers for Crawford County filed for an extension Oct. 23 seeking to move the response date on the settlement of financial award 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.

Plaintiffs filed a motion Oct. 29 asking the courts to make clear that the county cannot make threats to defund the library or force the library to pay the attorney fees. That action came on the heels of Crawford County Library Board meeting Oct 28 when it was discussed whether the library board could pay a portion of the fees. The library board discussed appropriating as much as $100,000 toward the fees from the library system’s fund.

At that meeting board member Tammi Hamby stated that she felt like the amount would be fair. Board chair Keith Pigg said he did not feel like the library system should pay any of the fee. Crawford County Library System Director Charlene McDonnough said she did not know if the library would have the funds to pay the fees.

In its response to the plaintiff’s motion, Crawford County said the plaintiffs could not keep coming back to “the well to dictate how their county government must capitulate to their every whim.” In a declaration filed with the response, Hamby said that no decision was made or action taken in the library board meeting regarding the fees. Hamby’s declaration and a declaration from Crawford County Judge Chris Keith stated that discussion of paying fees from the library funds had no mention of instigating the social section and that the social section was dissolved on Sept. 30.

“Although Plaintiffs desire to extend their claims in this litigation, it is time for this suit to come to an end. The Defendants complied with Judge Holmes’ injunction, dissolving the Social Section within hours of its issuance. Defendants will respond to Plaintiffs’ fee motion in due course, asking the Court to reduce it to a more reasonable amount,” the county’s answer said. “This Court cannot allow Plaintiffs to usurp Crawford County’s legislative authority in determining how to fund Plaintiffs’ forthcoming attorney fee award. Plaintiffs are not entitled to such new and additional relief. … That budgetary discretion rests solely with those Defendants.”

In his declaration, Keith states that the county’s general operating funds contain insufficient funds to pay for the county’s day-to-day operations and a potential award of plaintiff’s attorney fees without contribution from the library fund.

“During the pendency of this litigation, the County provided a defense of all defendants because the suit was against them in their official capacities only. The defense of this action was paid for by funds held in the county’s general operating fund. However, there has never been a formal agreement that all litigation costs, expenses, and fee awards would be paid solely out of the county’s general fund,” Keith’s declaration states.

Attorneys for the plaintiffs declined to comment for this report.