Never Happened, Never Will, Says ALA

ALA saying sexual harassment
never happened, never will.

TRANSCRIPT OF 
ALA'S DEBORAH CALDWELL-STONE, ESQ.

ORLAND PARK PUBLIC LIBRARY 
BOARD MEETING

18 NOVEMBER 2013

[START TIME 5:15]

I’m Deborah Caldwell-Stone.  I am an attorney employed by the Office for Intellectual Freedom for the American Library Association.

Um, I have thought carefully about what I might say tonight, um, and I could go tit for tat, challenging some of the conclusions that have been offered to you about the legal authorities that govern Internet access in libraries and hostile work environment.  I will only tell you, and um be brief about it, that it's far more complex than it's being represented here tonight.  In fact, the libraries that were sued for hostile work environment settled the cases.  They weren’t forced to pay any money.  Um, the settlement was uh reached with a mutual agreement with the librarians involved to get rid of the lawsuit and both, uh, in fact, both in Minneapolis and in Birmingham the EEOC and the Department of Justice declined to sue on behalf of the librarians.

Hostile work environment is a very fact-based lawsuit.  I’m sure your legal counsel can tell you that.  You must have very strict, uh, standards to bring a lawsuit.  You have to be targeted because you are part of a protected class based on race, sex, ethnicity or religion.  Um, the harassment must be a result of your membership in the protected class.  So these are far more complex lawsuits than, uh, is being represented here.  And there've only been three of them over time, over the last twenty years of Internet access in libraries.

So I encourage you to get good legal consultation on these facts, uh, uh, um, about these things.  We’re happy to assist, um, but I’m sure that there're other attorneys who can assist you as well.

I do want to reiterate that I work with libraries on developing policies on a regular basis.  You have very strong policies, they're very child protective, they're respective of your, uh, users’ rights to access the Internet and the library materials under the First Amendment, and there are First Amendment rights that accrue to library users.  And, um, I want to, uh, just express my, uh, my respect and my appreciation for your professionalism in all of this.

Thank you.

[END TIME 7:22]

Source: http://youtu.be/JwXeTfvzQHk?t=5m15s

[Note:  Because no one else provides such information, it is me about whom she is speaking, the very reason she felt the need to discuss "conclusions that have been offered to you about the legal authorities that govern Internet access in libraries and hostile work environment."  ALA is involved in three lawsuits seeking to silence me from speaking about sexual harassment of librarians, among other things.  Some of that involvement includes the destruction of evidence.  My opinion, of course, but based on physical evidence.]

Man Banned for Sexual Harassment Sues Library and Loses

Moore v. Birmingham Pub. Library

United States District Court for the Northern District of Alabama, Southern Division

April 9, 2013, Decided; April 9, 2013, Filed

Civil Action Number 2:12-cv-2517-AKK

LEROY JUNIOR MOORE, Plaintiff, vs. BIRMINGHAM PUBLIC LIBRARY, Defendant.

Counsel:  Leroy Junior Moore, Plaintiff, Pro se, Birmingham, AL.

For Birmingham Public Library, Defendant: Frederic L Fullerton, II, CITY OF BIRMINGHAM, Legal Department, Birmingham, AL; Nicole E King, CITY OF BIRMINGHAM LAW DEPT., Birmingham, AL.

Judges: ABDUL K. KALLON, UNITED STATES DISTRICT JUDGE.

Opinion by: ABDUL K. KALLON

MEMORANDUM OPINION AND ORDER

Leroy Junior Moore filed this action pro se against the Birmingham Library ("the Library") alleging what the court construes as a violation of his freedom of speech and due process rights under the First and Fourteenth Amendments. … Basically, Mr. Moore contends that the Library expelled him from its premises without just cause and/or because it concluded falsely that Mr. Moore distributed religious materials to its employees and patrons. … The Library has moved for summary judgment contending that it expelled Mr. Moore because Mr. Moore purportedly engaged in disruptive behavior, in part, by sexually harassing its employees. … Mr. Moore also subsequently filed a cross motion for summary judgment, …, albeit 22 days after the court's deadline, see doc. 37, contending that the Library had no legitimate basis to ban him from its premises. Both motions are fully briefed, …, and, after carefully reviewing the contentions in this case, unfortunately for Mr. Moore, he has presented no evidence to support his claims. Accordingly, for the reasons set forth below, the court GRANTS the Library's motion, DENIES Mr. Moore's motion, and DISMISSES Mr. Moore's lawsuit.

I.  SUMMARY JUDGMENT STANDARD OF REVIEW

…

II. FACTUAL BACKGROUND

Mr. Moore regularly patronized the Birmingham Library's main branch located at 2100 Park Place, Birmingham, Alabama. … On or about May 2, 2011, a Library employee, Jiemin Fan, filed a harassment complaint against Mr. Moore alleging that, over the prior six months or more, Mr. Moore had regularly passed her notes expressing his interest in knowing her personally and asking her out on a date. … Fan also stated that Mr. Moore called the Library on several occasions asking to speak to her and that he engaged her in inappropriate conversations. … Fan told Mr. Moore she was flattered but that she was not interested and that he needed to stop. … According to Fan, Mr. Moore interfered with her ability to work, and that of her coworkers. … Mr. Moore denies engaging in this alleged conduct. …

Another Library employee, Mary Branch, also filed a harassment complaint against Mr. Moore on May 3, 2011. … Branch stated that Mr. Moore continuously asked her to deliver notes to Fan, that she read one note which asked Fan to go out for coffee, and that Mr. Moore called the Library impersonating a woman and asking to speak to Fan. … Branch stated that Mr. Moore's behavior "has become annoying to everyone who works in [the] ALS [Department]." … Moreover, Branch added that Mr. Moore told another Library employee that he was "on the offender's list and that his missing teeth were knocked out in a fight with a woman." … Finally, Branch stated that Mr. Moore's "behavior has made us uncomfortable." … Mr. Moore also denies engaging in this alleged conduct. …

After Library Chief Security Officer Mike Lee investigated Fan's and Branch's complaints, Lee informed Mr. Moore that the Library would ban Mr. Moore from its premises if Mr. Moore continued to disturb the Library's employees and patrons. … Mr. Moore apparently did not heed the warning because Fan filed another complaint against him on June 24, 2011 when Mr. Moore came to the Library seeking to talk to Fan and allegedly solicited another Library patron to talk to Fan. … Fan stated that "[i]t is obvious that Moore has problems. Security needs to be alerted of Moore/his issues, and take necessary steps to handle the matter." … After investigating Fan's complaint, on June 28, 2011, the Chief of Security banned Mr. Moore from the Library for six months for violating the City's sexual harassment policy by harassing employees and for disrupting the employees and patrons use and enjoyment of the library. … Thereafter, on September 21, 2011, the Chief of Security recommended that the Library's Director, Renee Blalock, extend the expulsion to a full year due to an increasing number of "disturbing" phone calls Mr. Moore had allegedly made to the Library staff. … Consequently, on November 8, 2011, the Library extended Mr. Moore's expulsion an additional three months. … Blalock attempted unsuccessfully to contact Mr. Moore on November 28, 2011 to inform him that he could return to the Library no earlier than March 27, 2012. …

On February 24, 2012, Mr. Moore entered the Library and allegedly began cursing and talking loudly. … The Chief of Security called the police and subsequently had Mr. Moore arrested for trespass and disruptive behavior. … The arrest report states that Mr. Moore "was trespassed from the Birmingham City Library after being accused of making improper advances to employees in the Youth Department. Today [Mr. Moore] returned to the Library[;] after being told to leave he refused, at that point he was arrested and transported to the City Jail without incident. The advances were sexual in nature and [Mr. Moore] also wrote letters to the employees even after he was [banned] from the Library." … The Library contends that Mr. Moore violated its policy prohibiting disruptive behavior towards the Library's patrons and employees. … Mr. Moore denies violating the Library's policies and maintains that he never engaged in the alleged conduct.

III. ANALYSIS

…

A. First Amendment Claim

…

B. Due Process - Fourteenth Amendment Claim

…

Mr. Moore has presented no evidence that the Library's policies prohibiting sexual harassment or disruptive behavior inflicted unreasonable discriminatory injury upon him. Rather, the evidence presented shows that the Library acted justifiably in enforcing its policies against Mr. Moore. Indeed, as the Library pointed out, the Supreme Court found that "[a] State or its instrumentality may, of course, regulate the use of its libraries or other public facilities. But it must do so in a reasonable and nondiscriminatory manner, equally applicable to all and administered with equality to all. It may not do so as to some and not as to all." Brown v. State of La., 383 U.S. 131… (1966). Based on the evidence before this court, the Library acted reasonably and in a non-discriminatory manner. Accordingly, in light of Mr. Moore's failure to support his claims, the Library's motion for summary judgment is GRANTED.

IV. CONCLUSION

Based on the foregoing reasons, Mr. Moore failed to establish a claim under the First or Fourteenth Amendments. Therefore, the Birmingham Library's motion for summary judgment is GRANTED, and Mr. Moore's motion is DENIED. This case is DISMISSED with prejudice.

DONE the 9th day of April, 2013.

/s/ Abdul Kallon

ABDUL K. KALLON

UNITED STATES DISTRICT JUDGE

URL of this page:

librarians.cc/2015/02/moore-v-bpl.html

Constructive Discharge of Librarians

Sometimes librarians are sexually harassed in the public library where they work. This can be due to patrons viewing Internet pornography.  Some libraries allow porn viewing despite the law as a direct result of American Library Association [ALA] pro child porn training/policy applied locally.  When librarians complain to their managers about such harassment, they are sometimes told don't let the door hit you on the way out.  You see, to stop the harassment, the library would have to filter the Internet and jettison the ALA's anything-goes policy.  For some, ALA rules are too precious to toss aside just because, as they might see it, some prudish librarian alleges she's being sexually harassed when, as ALA teaches, no librarian has ever been sexually harassed nor ever will be (link).

It may be "constructive discharge (link)" to tell a librarian/library employee to go take a hike when he/she complains about being sexually harassed by porn viewers, depending on the circumstances and the extent of a hostile work environment (link).

Librarians who quit may not even realize they've been essentially fired.  Constructive discharge (a kind of wrongful termination) makes libraries and municipalities (that take no action to stop libraries from acting outside the law) subject to liability.

Here are possible/potential examples of constructive discharge or constructive dismissal by librarians and library employees working in public libraries following ALA diktat to allow unfiltered porn where management told them to go take a hike:

Orland Park Public Library employee Linda Zec said (link):

I also finally speak out because after conversations that I had while I was employed at the OPPL with my director and assistant director, I was told that I could quit if I did not like their policy, with no hard feelings.  ....  I ... was being told I could like it or lump it.  ....  I was told by Director Weimar that porn was protected under freedom of speech.  ....  I was basically told ... to leave it alone.  I took her stern warnings as, "You cause trouble, you lose your job," which I really did not want to do because I really enjoyed being part of the library family.  I just did not like the pervs [air quotes] that came in and made me feel uncomfortable.  However, my husband did want me to quit.  So eventually, after enough complaining, I did so.

Birmingham Public Library librarian Barbara Ann Wilson was told, "If you don't like it leave" (link).  The graphic at top right illustrates this statement.

A dozen librarians in Adamson v. Minneapolis Public Library (link) revealed:

24.  In 1997, Lawson was advised by Plaintiff Nancy Corcoran that staff members were being regularly exposed to obscene and sexually explicit materials at their work place and throughout MPL.  Lawson responded by memo rejecting any responsibility on the part of the library to monitor or restrict access on the Internet.  Lawson went further to formulate and implement a policy under which MPL would allow complete and unfettered access to the Internet by any patron.  Lawson and MPL took the position that the only relevant concern was the First Amendment rights of the viewers of obscene and pornographic materials, and that it would not be permissible for MPL employees to take any action that would interfere with patron access to these materials.

There are other cases, I just think three examples is enough.

I'm hoping writing my opinions/observations here will help librarians obtain justice, deter library management from practicing constructive discharge, and wake up local communities and governments to the possibly of serious liability costs if they allow libraries to continue to serve porn and child porn despite the law.

Sexual harassment of librarians must stop, even if it means tossing aside ALA diktat and installing Internet filters as part of an effective solution to stop Internet porn viewing (link).

It's the right thing to do, the latest case being from just yesterday:

• "Niles Library Trustees Approve Internet Filtering Contract, Amend Filtering Guidelines; Filters for Pornography, Nudism Expected to be Installed Within a Month," by Tom Robb, Journal & Topic Newpapers (Des Plaines, IL), 22 January 2015.

URL of this page:

librarians.cc/2015/01/constructive-discharge-of-librarians.html