Bradburn et al v. North Central Regional Library District

Filing 49

STATEMENT OF FACTS re 39 MOTION for Summary Judgment filed by North Central Regional Library District. (Adams, Thomas)

Bradburn et al v. North Central Regional Library District

Doc. 49

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The Honorable Edward F. Shea
Thomas D. Adams

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Celeste Mountain Monroe KARR TUTTLE CAMPBELL 1201 Third Avenue, Suite 2900 Seattle, Washington 98101-3028 [phone] Attorneys for North Central Regional Library District

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE

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SARAH BRADBURN, PEARL

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CHERRNGTON, CHARLES
HEINLEN, and THE SECOND

) ) ) NO. CY-06-327-EFS
)

AMENDMENT FOUNATION,
Plaintiffs,
v.

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) DEFENDANT NORTH CENTRAL
) REGIONAL LIBRARY DISTRICT'S ) STATEMENT OF DISPUTED ) MATERIAL FACTS IN OPPOSITION

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) TO PLAINTIFFS' MOTION FOR
NORTH CENTRAL REGIONAL LIBRARY DISTRICT,

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) SUMMARY JUDGMENT
) ) )
)

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Defendant.

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DEFENDANT NORTH CENTRAL REGIONAL LIBRARY DISTRICT'S STATEMENT OF DISPUTED MA TERIAL FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT - 1
CV-06-327-EFS
#658441 vi /42703-001

Law Offces

KARR TUTTLE CAMPBELL
A Profes,'ì;onal SeM'ice Corporation
1201 Third Avenue, Suite 2900, Scafth; WasbiDg10D 98101-3028 Telephone [phone], Facsimile [phone]

Dockets.Justia.com

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1. Contrary to Plaintiffs' Fact #5, Plaintiff Sarah Bradburn cannot

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affirmatively state that NCRL's Internet Filter denied her access to material
relating to youth tobacco usage, as opposed to some other technical difficulty.
See Ct. Rec. 29, ~123.
2. Contrary to Plaintiffs' Fact #9, Plaintiff Pearl Cherrington cannot

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affirmatively state that NCRL' s Internet filter denied her access to material on

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art of heath topics, as opposed to some other technical difficulty. See Ct. Rec.
29, ~130.

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3. Contrary to Plaintiffs' Fact #22, Plaintiff SAF has no personal knowledge
its site, ww.womenandguns.com. was blocked by NCRL's Internet Filter.
SAF's 3 O(b)( 6) designee, Alan Gottlieb, testified that he heard from some of his

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members that the site was blocked, but that he had never tried to access the
website from an NCRL computer. Plaintiffs Fact #22 is hearsay. See Ct. Rec.
29, ~116.

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4. Contrary to Plaintiffs' Fact #23, Plaintiff SAF has no personal knowledge

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its site, www.womenandguns.com. was blocked by NCRL's filter for the
reasons set forth in ~3 above. Accordingly, Plaintiffs' cannot demonstrate that
DEFENDANT NORTH CENTRAL REGIONAL LIBRARY DISTRICT'S STATEMENT OF DISPUTED MATERIAL FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT - 2
CV -06-327-EFS

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Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue. Suite 2900, Scallc, Wasbin~ton 98101-3028 Telephone [phone], Facsimile (2116) 682-711111

#658441 vI /42703-001

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NCRL's internet fiter prevented SAF from communicating with Internet users
in North Central Washington as alleged. Id.

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5. Contrary to Plaintiffs' Fact #30, there no factual basis for Plaintiffs'
statement that:
Today it is widely accepted that the primary role of

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the

public library is not to serve as a "temple of culture"
focusing exclusively on collecting "great literature" with the goal of enlightening and uplifting the public, but to be a "locus for the receipt of information" and to
serve each person in our communities by providing

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collections that reflect each individuals' face and
voice, particularly when those faces and voices fall outside the majority's preferred viewpoint.

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The above-referenced quote is, in fact, an excerpt from a private letter Ms.
Pinnell-Stevens wrote to a Collection Development Specialist for the Tulsa City-

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County Library, expressing her personal opinion about the role of public
libraries in their communities. There is no foundation for Ms. Pinnell's opinion,

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nor any evidence that her personal belief shares universal acceptance in the
public library community. Moreover, to the extent Plaintiffs have not alleged
that NCRL' s filter operates in such a way as to deny access to minority groups

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DEFENDANT NORTH CENTRAL REGIONAL LIBRARY DISTRICT'S STATEMENT OF DISPUTED MATERIAL FACTS IN OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT - 3
CV-06-327-EFS
#658441 vi /42703-001

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corpora/ion
I2UI Third Avenue. Suile 290l~ Seattle, WaiibingtoD 98101-3028 Telephone [phone], Facsimile [phone]