Bradburn et al v. North Central Regional Library District

Filing 57

STATEMENT OF FACTS re 28 MOTION for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Exhibit LL - CCC, # 2 Exhibit DDD-EEE (Pt 1), # 3 Exhibit EEE (Part 2) - JJJ)(Caplan, Aaron)

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Exhibit FFF

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Exhibit GGG

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Exhibit HHH

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Exhibit III

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CM/ECF - District of Minnesota - Live

https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?876985878530596-L_1...

CLOSED, T7

U.S. District Court U.S.District Court Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:03-cv-02521-JNE-JGL
Adamson, et al v. Mpls Public Library Assigned to: Judge Joan N. Ericksen Referred to: Magistrate Judge Jonathan G Lebedoff Demand: $0 Cause: 42:2000 Job Discrimination (Sex) Plaintiff Wendy W Adamson represented by Robert S Halagan Halagan Law Firm, Ltd 15 2nd St NW Ste 101 Buffalo, MN 55313 763-682-8975 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed: 03/24/2003 Date Terminated: 08/28/2003 Jury Demand: None Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

Plaintiff Anita C Bealer represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Nancy Corcoran represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Mary Kay Harris represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Vern Harman represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff Patricia Hudnell represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Jessica K Nelson represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Gloria Olson represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Virginia Pear represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Julia A Sedlak represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Cynthia L Smith represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Karen E Will represented by Robert S Halagan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Minneapolis Public Library represented by Bradley J Lindeman Meagher & Geer, PLLP 33 S 6th St Ste 4400

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Mpls, MN 55402 612-338-0661 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED James F Roegge Meagher & Geer, PLLP 33 S 6th St Ste 4400 Mpls, MN 55402 [phone] Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/24/2003

#

Docket Text 1 COMPLAINT - Summons issued. Assigned to Judge Joan N. Ericksen per Individual Civil Rights list and referred to Chief Mag. Judge Jonathan G. Lebedoff rpt no 264897 29pg(s) (DFL) (Entered: 03/25/2003) 2 ORIGINAL SUMMONS AND RETURN OF SERVICE executed upon defendant Mpls Public Library on 3/24/03 2pg(s) (DFL) (Entered: 04/04/2003) 3 ANSWER by defendant; jury demand. 15pg(s) (RJL) (Entered: 04/16/2003) 4 NOTICE of INITIAL pretrial conference set for 9:00am on 5/19/03. 1pg(s) (RJL) (Entered: 04/23/2003) 5 REPORT OF RULE 26(f) MEETING. 7pg(s) (DFL) (Entered: 05/19/2003) 6 NOTICE OF SETTLEMENT CONFERENCE ( Chief Mag. Judge Jonathan G. Lebedoff / 5/19/03) settlement conference set for 9:00 a.m. on 7/14/03 . 1pg(s) (cc: all counsel) (DFL) (Entered: 05/23/2003) 7 MINUTES: ( Chief Mag. Judge Jonathan G. Lebedoff ) re: PRETRIAL CONFERENCE . 1pg(s) (DFL) (Entered: 05/23/2003) 8 PRETRIAL ORDER ( Chief Mag. Judge Jonathan G. Lebedoff 5/19/03) amendments and adding parties set for 9/1/03 ; discovery set for 8/1/04 ; non-dispositive motions set for 8/15/04 ; dispositive motions set for 10/1/04 ; ready for trial set for 12/1/04. 1pg(s) (cc: counsel) (DFL) (Entered: 05/23/2003) 9 AMENDED ANSWER [1-1] by defendant Mpls Public Library; jury demand. 15 pg(s) (JMM) (Entered: 05/27/2003) 10 LETTER dated 6/2/03 from Bradley J. Lindeman rescheduling settlement conference to 9:00 a.m. on 8/7/03 . 1pg(s) (DFL) (Entered: 06/05/2003) 11 MINUTES OF SETTLEMENT CONFERENCE: ( Chief Mag. Judge Jonathan G. Lebedoff ) case settleed. 1pg(s) (DFL) (Entered: 08/12/2003)
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08/15/2003 08/28/2003

12 MINUTES OF CONFERENCE: ( Chief Mag. Judge Jonathan G. Lebedoff ) resolved language issues on press releases. 1pg(s) (DFL) (Entered: 08/20/2003) 13 ORDER ( Judge Joan N. Ericksen / 8/28/03) that this action is dismissed with prejudice, along with any counterclaims, the Court retaining jurisdiction for 60 days to permit any party to move to reopen the action, for good cause shown, or to submit and file a stipulated form of final judgment, or to seek enforcement of the settlement terms. termination notice 1pg(s) (cc: all counsel) (DFL) (Entered: 08/29/2003)

PACER Service Center
Transaction Receipt
02/09/2008 19:06:20 PACER Login: Description: Billable Pages: ac0247 Docket Report 2 Client Code: Bradburn Search Criteria: Cost: 0:03-cv-02521-JNE-JGL 0.16

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Exhibit JJJ

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Minneapolis Public Library: Internet Policy and Internet Use Guidelines

http://www.mpls.lib.mn.us/policy.asp

Internet Policy and Internet Use Guidelines
Policies Internet Policy Adopted by the Library Board 7 February 1996; Revised 18 October 2000, 25 August 2004 Internet Use Guidelines Adopted by the Library Board 17 May 2000; Revised 17 January 2001 Note: The Children's Internet Protection Act (CIPA), passed by Congress in December 2000 and upheld by the Supreme Court in June 2003, requires libraries receiving certain types of federal funding to install software that blocks visual depictions of obscenity, child pornography, or material harmful to minors. Rather than jeopardize potential federal funding, the Minneapolis Public Library Board authorized the installation of filtering software to comply with CIPA as of July 1, 2004.

Internet Policy
Policy #1128: Adopted by the Library Board 7 February 1996 Revised 18 October 2000 Revised 25 August 2004 The Minneapolis Public Library Board is committed to ensuring access to information through technology. Access to digital information is fundamental for supporting continuous lifelong learning. Recognizing its role to provide access to electronic information, the Minneapolis Public Library offers public access to the Internet. The Library upholds and affirms the right of every individual to have access to constitutionally protected material on the Internet. The content of the Internet is not managed or governed by any entity, therefore users may encounter materials they consider offensive. The Library supports both open and guided access to information. The Library also supports the right to privacy and confidentiality of Library users in accordance with the Minnesota Government Data Practices Act. Parents and guardians are responsible for monitoring Internet access by children. The Children's Internet Protection Act (CIPA), passed Congress in 2000 and upheld by the Supreme Court in 2003, requires libraries receiving certain types of federal funding to equip Internet-access computers with a technology protection measure that blocks or filters visual depictions that are obscene, contain child pornography or are harmful to minors. In compliance with CIPA, the Library Board authorized installation of filtering software designed to prevent access to obscenity, child pornography and materials harmful to minors. In accordance with the law, persons aged 17 years or older may request to have the filters disabled for any lawful purpose that meets the Minneapolis Public Library Internet Policy and Guidelines AND THE FILTER WILL BE DISABLED. Users should be aware that Internet filtering software installed for CIPA compliance should not substitute for individual judgment and/or parental involvement and oversight. The software may unintentionally block sites that have legitimate research value and fail to block objectionable content. FILTERS ARE NOT A GUARANTEE TO BLOCK OBJECTIONABLE CONT ENT. Illegal use of the Internet is prohibited. Library users may not use the Library's Internet access to view, print, distribute, display, send or receive images, text or graphics of obscene material or material that violates laws relating to child pornography. Library users may not disseminate, exhibit or display to minors materials that are harmful to minors. Library users must abide by the Internet Use Guidelines as approved by the Library Board.
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The Library Board and its employees assume no responsibility for damages of any type arising from the use of Minneapolis Public Library Internet workstations.

Internet Use Guidelines
Policy #1130: Adopted by the Library Board 17 May 2000 Revised 17 January 2001 Internet Use Rules Responsibilities of Users Responsibility and Authority of Staff Use of the Internet by Children Failure to Comply Liabilities Legal Citations The Minneapolis Public Library (MPL) provides Internet access for conducting research, retrieving information, exploring ideas, facilitating communication, and accessing resources available through the World Wide Web. These are fundamental to supporting continuous lifelong learning for people of all ages. Unlike the selection of library materials on library shelves, however, librarians do not select the offerings of the Internet. Because not all Internet sites are accurate and complete, and some sites may be offensive, library users are encouraged to exercise critical judgment in accessing these sites. The Library upholds and affirms the right of every individual to have access to constitutionally protected material on the Internet. The Library also supports the right to privacy and confidentiality of library users in accordance with the Minnesota Data Practices Act. The Internet has raised new challenges for public libraries. Because of its graphical display format, MPL must through these guidelines work to balance the rights of individuals to access information and the need to provide a welcoming environment for people of all ages. The Library is committed to providing its employees and patrons with an environment that is free from all forms of harassment, including sexual harassment, and prohibiting the display of obscene material, child pornography, and material that is harmful to minors and to make every possible effort within constitutional limits to prevent minors from viewing materials that could be deemed harmful. In compliance with the Children's Internet Protection Act (CIPA), the MPL has installed filtering software designed to prevent access to obscene material, child pornography, and material harmful to minors. Users should be aware that Internet filtering software installed for CIPA compliance is not a substitute for individual judgment and/or parental involvement and oversight. The software may unintentionally block sites that have legitimate research value, and may fail to block objectionable content. In accordance with the law, persons aged 17 years or older may request to have the filters disabled for any lawful purpose that meets the Board's Internet Policy and Guidelines AND THE FILTER WILL BE DISABLED. The MPL provides Internet access at every location; however, the demand exceeds the Library's finite computing resources. To assure fair access for all persons, the Library and its individual agencies establish rules and procedures that regulate the time, manner, and place of Internet access.

Internet Use Rules
The Library provides Internet access computers in its community libraries and Central Library public departments. Decisions on the number, placement, and type of computer workstations at each site are based on considerations of demand, staff capacity, available floor space, electrical/cable access, and budgetary constraints. The following rules and procedures govern the use of Internet workstations: a) Time Limit per workstation: The posted time limit is to be observed at each workstation. b) Time Limit per person: One hour per person in each six-hour period system-wide. c) Log On: A library card or a temporary Internet access card is required to log on an Internet workstation. Advance log on is not available.
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d) Disabling Filters: In accordance with the CIPA, persons aged 17 or older may request to have Internet filters disabled for any lawful purpose that meets the Library Board Internet Policy and Guidelines. Patrons requesting that filters be disabled may be asked to present proper identification in order to comply with this federal requirement. e) Temporary Internet Access Cards: Temporary Internet Access Cards for short term Internet access are available to persons with proper identification. Temporary Internet Access Cards are available to youth under 18 with a parent or guardian present. f) Catalog Only Workstations: Some workstations are designated for use of the Library catalog and its related databases. These workstations are not available for general Internet use. g) Special Population Workstations: Some workstations in each location are designated for primary use by special populations of users, such as children or persons with disabilities. Procedures at each location regulate use of these workstations by persons other than the intended audience h) Privacy Screens: Privacy screens on Internet monitors must remain in place at all times. i) Shared Use of Workstations: No more than two persons may share the use of an Internet workstation at the same time. Study group accommodations may be made with staff.

Responsibilities of Users
All Library users must observe the policies, rules and procedures established by the Library, including the Internet Use Guidelines and, in respect to these guidelines, the MPL Rules of Conduct (Library Board Policy #3008) and Sexual Harassment Policy (#5004). Users at MPL workstations should bear in mind that the workstations are located in public areas shared by people of all ages and backgrounds, and are expected to show consideration for others when viewing Web pages. All library users are expected to respect the privacy of all other library users. Use of any workstation is for legal purposes only. No person shall use a library workstation in a way that disturbs or interferes with users, employees or operations of the Library. Patrons may not: a) View, print, distribute display, send, or receive images, text or graphics of obscene materials or material that violates laws relating to child pornography. b) Disseminate, exhibit, or display to minors materials that are harmful to minors. c) Use an Internet workstation to transmit threatening or harassing material. d) Engage in any activity that is deliberately offensive or creates an intimidating or hostile environment. e) Violate copyright or software licensing agreements. f) Gain unauthorized access to any computing, information, or communications devices or resources. g) Damage, alter, or degrade computer equipment, peripherals, software, or configurations. h) Install software applications. i) Use a workstation to conduct a business.

Responsibility and Authority of Staff
Library employees are responsible for implementing the Internet Use Guidelines. Library employees are expected to take prompt and appropriate action to enforce the Internet Use Guidelines, and are authorized to terminate an Internet use session by anyone who fails to comply. Library employees may refuse to provide assistance to a patron if they believe that it will require them to view pornographic material on a computer display screen or in printed form, but then they must immediately request assistance from a supervisor, lead worker, or security staff.

Use of the Internet by Children
MPL respects the responsibility of all parents/legal guardians to guide their own children's use of the library, its resources and services. Some of MPL's workstations are reserved for use by children. Both posted signs and the staff encourage parents, teachers,
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and caregivers to work with their children at these workstations. The Library offers assistance and training to help children experience the Internet in a safe and rewarding manner, including providing Web safety tips both in printed form and online and providing links to recommended sites for children. To comply with the Children's Internet Protection Act (CIPA), the Minneapolis Public Library has installed filtering software that is designed to prevent access to obscene material, child pornography, and material harmful to minors. Users should be aware that Internet filtering software installed for CIPA compliance is not a substitute for individual judgment and/or parental involvement and oversight. The software may unintentionally block sites that have legitimate research value, and may fail to block objectionable content. FILTERS ARE NOT A GUARANTEE TO BLOCK OBJECTIONABLE CONTENT.

Failure to Comply
Failure to comply with the Internet Use Guidelines will result in a request from staff to discontinue the activity. Continued violations will result in a request to leave the library facility, and may lead to revocation of library privileges, including the right to visit the buildings and grounds. Repeat offenders or persons ordered from the premises who do not comply may be subject to arrest and prosecution for trespassing.

Liabilities
The MPL assumes no responsibility for any damage, direct or indirect, that users or anyone else may suffer through MPL's access to the Internet. All public Internet users at MPL agree to hold the Library harmless from any claims, losses, damages, obligations related to: Infringement of U.S. Copyright Law governing the reproduction, distribution, adaptation, public performance, and public display of copyrighted material. The use and/or accuracy of information obtained from the Library's electronic information system. Damage to non-library software or hardware resulting from viruses downloaded via the Library's Internet services. The Library Board will review its Internet use rules, procedures, and guidelines every six months.

Legal citations:
Legal citations: United States Code, Title 18 Section 2252 Relating to materials involving the sexual exploitation of minors; Minnesota Statutes 617.241 Obscene materials and performances; distribution and exhibition prohibited; penalty; Minneapolis Code of Ordinances 385.130 Obscene materials and 385.131 Dissemination of materials harmful to minors, Minnesota Statutes 617.293, Subd. 1 and 617.292, Subd. 7; U.S. Copyright Law, Title 17, United States Code. Minnesota Statutes 1999, §617.241 Obscene materials and performances; distribution and exhibition prohibited; penalty. Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them:

a. "Obscene" means that the work, taken as a whole, appeals to the prurient interest in sex and depicts or describes in a patently offensive manner sexual conduct and which, taken as a whole, does not have serious literary, artistic, political, or scientific value. In order to determine that a work is obscene, the trier of fact must find: i. that the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest in sex; ii. that the work depicts sexual conduct specifically defined by clause (b) in a patently offensive manner; and iii. that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. b. "Sexual conduct" means any of the following: i. An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal. ii. Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of one so clothed or who is nude. 399

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c. d. e. f.

iii. Masturbation, excretory functions, or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ. iv. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. "Community" means the political subdivision from which persons properly qualified to serve as jurors in a criminal proceeding are chosen. "Work" means "material" or "performance." "Material" means a book, magazine, pamphlet, paper, writing, card, advertisement, circular, print, picture, photograph, motion picture film, videotape, script, image, instrument, statue, drawing, or other article. "Performance" means a play, motion picture, dance, or other exhibition performed before an audience.

Subd. 2. Crime. It is unlawful for a person, knowing or with reason to know its content and character, to:

a. exhibit, sell, print, offer to sell, give away, circulate, publish, distribute or attempt to distribute any obscene material; or b. produce, present, participate in, or direct an obscene performance.
Subd. 3. Penalty. A person violating subdivision 2 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both. Subd. 4. Second or subsequent violations. Whoever violates the provisions of subdivision 2 within five years of a previous conviction under that subdivision is guilty of a felony and may be sentenced to imprisonment for not more than two years, or to payment of a fine of not more than $10,000, or both. HIST: 1961 c 664 s 1; 1982 c 604 s 1; 1983 c 204 s 9; 1984 c 628 art 3 s 11; 1988 c 406 s 1 Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota Minnesota Statutes 1999, §617.292, Subd. 7 "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

1. predominantly appeals to the prurient, shameful or morbid interest of minors, and 2. is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and 3. is utterly without redeeming social importance for minors.
Minnesota Statutes 1999, §617.293, Subd. 1 Harmful materials; dissemination to minors prohibited. Subdivision 1. Dissemination. It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor:

a. Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors, or b. Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in clause (a), or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse which, taken as a whole, is harmful to minors. Last updated: 2/20/2007 more RSS feeds employment patriot act statement WCAG Accessibility - Priority 1 Checkpoints Valid HTML 4.0 Valid CSS
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