Hunter v. Salem, Missouri, City of et al

Filing 66

Joint MOTION to Approve Consent Judgment by Defendants Board of Trustees, Salem Public Library, Glenda Woffard, Plaintiff Anaka Hunter. (Attachments: # 1 Text of Proposed Order)(Rothert, Anthony)

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANAKA HUNTER,
Plaintiff,
vs.
CITY OF SALEM, MISSOURI, et al.,
Defendants.

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Case No. 4:12-CV-4 ERW

JOINT MOTION FOR ENTRY OF CONSENT JUDGMENT
Come now Plaintiff and Defendants, through their respective counsel, and jointly move
this Court for entry of a proposed Consent Judgment. In support, they state:
1.

On January 3, 2012, Plaintiff filed this challenge to the filtering practices of the

Salem Public Library by asserting violations of her rights under the First and Fourteenth
Amendments. In particular, she claimed that the initial blocking of certain content violated her
free-speech right to receive information and the blocking of information about minority religions
based on viewpoint violated the Establishment Clause by giving official preference to certain
religious viewpoints while blocking others.
2.

(Doc. # 1).

The parties have conferred and reached an agreement with respect to all issues in

this case.
3.

The parties’ agreement is reflected in a proposed consent judgment. Subject to

this Court’s approval, the consent judgment will enjoin Defendants from activating content
filtering category blocks other than “adult image,” “pornography,” “phishing,” “proxy
anonymizer,” “viruses,” or “web chat,” except as specifically required and necessary to comply
with federal or state law. Each party will bear its attorneys’ fees and costs.

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4.

Entry of the proposed consent judgment would fully and finally resolve the claims

asserted in Plaintiff’s Complaint.
5.

The proposed Consent Judgment is attached hereto and emailed in Word format to

[e-mail].
WHEREFORE the parties jointly move this Court to enter the agreed upon Consent
Judgment and deny all pending motions as moot.
/s/Matt Cologna
M. DOUGLAS HARPOOL #28702
MATT COLOGNA, #62020
BAIRD, LIGHTNER, MILLSAP &
HARPOOL, P.C.
1901-C South Ventura Avenue
Springfield, MO 65804-2700
Telephone [phone]
Facsimile [phone]
[e-mail]
[e-mail]

/s/ Anthony E. Rothert
ANTHONY E. ROTHERT, #44827MO
GRANT R. DOTY, #60788MO
AMERICAN CIVIL LIBERTIES
UNIONOF EASTERN MISSOURI
454 Whittier Street
St. Louis, Missouri 63108
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Defendants

DANIEL MACH
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
915 15th Street NW
Washington, DC 20005
Phone: [phone]
FAX: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff

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CERTIFICATE OF SERVICE
I hereby certify that on March 1, 2013, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system and a copy was made available electronically to all
electronic filing participants.

/s/ Anthony E. Rothert

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