Bradburn et al v. North Central Regional Library District

Filing 71

STATEMENT of Uncontroverted Facts - Joint by North Central Regional Library District. (Adams, Thomas)

Bradburn et al v. North Central Regional Library District

Doc. 71

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The Honorable Edward F. Shea

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

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CHERRGTON, CHAES
HEINLEN, and the SECOND

SARAH BRADBUR, PEAR
No. CV-06-327-EFS

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AMENDMENT FOUNATION,
Plaintiffs,
v.

JOINT STATEMENT OF UNCONTROVERTED FACTS

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NORTH CENTRA REGIONAL LIBRAY DISTRICT,
Defendant.

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Plaintiffs Sarah Bradburn, Pearl Cherrington, Charles Heinlen and the
Second Amendment Foundation, and Defendant North Central Regional Library

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District submit this Joint Statement of Uncontroverted Facts pursuant to ~ 4 of
the Court's November 6,2007 Scheduling Order and Fed. R. Civ. Pro. 56(d).

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JOINT STATEMENT OF UNCONTROVERTED FACTS - Page 1
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Dockets.Justia.com

I. THE PARTIES.
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A. Plaintiffs.
1. Plaintiffs Sarah Bradburn, Pearl Cherrington and Charles Heinlen

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are patrons of Defendant North Central Regional Library District ("NCRL").
(Ct. Rec. 41, pg. 1-2.) Each uses, or has used, computers made available to the
public by NCRL to access the Internet. (Ct. Rec. 41, pg. 2.)
2.

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Sarah Bradburn is a resident of Republic, Washington. (Ct. Rec.

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41, pg. 2.) She primarily uses NCRL's Republic branch for Internet access and
other purposes. Id.
3. In October or November 2003 Ms. Bradburn attempted to conduct

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Internet research regarding alcohol and drug-addiction topics in connection with
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academic assignments. (Ct. Rec. 41, pg. 2.) Ms. Bradburn was unable to access
certain Web sites relating to youth tobacco usage, although she cannot recall the

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sites specifically. (Ct. Rec. 41, pg. 2-3.) She believes access was blocked by
NCRL's Internet filter.
(Ct. Rec. 41, pg. 2-3; Ct. Rec. 57, pg. 21.)

Ms. Bradburn completed her research in Spokane where she was attending
schooL. (Ct. Rec. 41, pg. 3.)
4.

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Ms. Bradburn did not tell NCRL staff of her access difficulties

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when the issues arose or at any other time prior to filing suit. (Ct. Rec. 49,
pg 32.) NCRL has had no opportunity to confirm that access in fact was blocked

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and, if so, whether access was blocked by the Internet filter, a transient network
problem, or some other cause. Id.

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5. Ms. Bradburn wishes to be able to have, on request, unfiltered
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Internet access for lawful purposes at her local NCRL branch. (Ct. Rec. 57,
pg. 21.)

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6. Pearl Cherrington is a resident of

Twisp, Washington. (Ct. Rec. 41,

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pg.3.) She primarily uses NCRL's Twisp branch. Id.
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Ms. Cherrington attempted to conduct Internet research in the

summer of 2005 through NCRL' s network using a computer in the Twisp branch
on art and health-related topics. (Ct. Rec. 41, pg. 3; Ct. Rec. 57, pg. 21-22.)

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Ms. Cherrington cannot recall the specific Web sites that she attempted to access

at that time other than a site maintained by an Idaho art gallery. Id. After the
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filing of Plaintiffs' Complaint for Declaratory and Injunctive Relief
("Complaint") in this case, Ms. Cherrington also attempted to access the

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Y ouTube Web site. Id.
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NCRL's Internet filter denied Ms. Cherrington access to the Idaho

art gallery Web site and a site containing health information. (Ct. Rec. 41, pg. 3; Ct. Rec. 57, .pg. 21-22.) NCRL's current filter denied Ms. Cherrington access to

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YouTube. Id. NCRL no longer. blocks access to YouTube. (Ct. Rec. 29,
pg. 33.)

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9.

Ms. Cherrington wishes to be able to have, on request, unfiltered

Internet access for lawful purposes at her local NCRL branch. (Ct. Rec. 57,
pg. 22.)

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JOINT STATEMENT OF UNCONTROVERTED FACTS - Page 3
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1 10. Charles Heinlen is a resident of Okanogan County, Washington.
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Mr. Heinlen primarily uses NCRL's Omak and Okanogan branches. (Ct. Rec.
41, pg. 3.)
11. Mr. Heinlen attempted to use NCRL computers to conduct Internet

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research, communicate with others via email.maintain a MySpace.com blog,
obtain information on firearms, and access various dating sites and other Web
sites. (Ct. Rec., pg. 3-4; Ct. Rec. 57, pg. 6.)

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12. NCRL's Internet filter denied Mr. Heinlen access to images or
photographs embedded in commercial emails sent to his Hotmail and Yahoo!
Accounts, and to the Web sites listed in his answer to NCRL' s Interrogatory

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No.5 and his Declaration in Opposition to Defendant's Motion for Summary
Judgment. (Ct. Rec. 41, pg. 4; Ct. Rec. 57, pg. 6.)

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15 13. On February 23, 2008, while using an NCRL computer at the Omak
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branch, Mr. Heinlen found that NCRL' s Internet filter blocked access to the
following Web sites under the category Nudity and Risque (except

ww.courting-disaster.com which was blocked under the category Adult
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Materials ):

ww.netnude.com
aanr.com ww.artenuda.com/paintings2 .asp gregfriedler.com bilbrandt.com

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ww.ryoung-art.com ww.courting-disaster.com ww.mapplethorpe.org/index.html
fineartnude.com/we bring

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