Bradburn et al v. North Central Regional Library District

Filing 76

MOTION in Limine by North Central Regional Library District. (Monroe, Celeste)

Bradburn et al v. North Central Regional Library District

Doc. 76

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The Honorable Edward F. Shea
Thomas D. Adams

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Celeste Mountain Monroe

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KA TUTTLE CAMPBELL
1201 Third Avenue, Suite 2900 Seattle, Washington 98101-3028 [phone] Attorneys for Defendant 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

AMENDMENT FOUNATION,
Plaintiffs,
v.

) ) ) NO. CV-06-327-EFS )

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NORTH CENTRAL REGIONAL ) LIBRARY'S MOTIONS IN LIMINE
)

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NORTH CENTRAL REGIONAL LIBRARY DISTRICT,

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Defendant.

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NCRL'S MOTIONS IN LIMINE JUDGMENT - 1
CV-06-327-EFS
#664313 vI /42703-001

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue, Suite 2!JOO, Scaltlc, Wiishingion 98101-3028 Telepbone (206) 223-13 i 3, Facsimile [phone]

Dockets.Justia.com

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Á. Sally Beesley and Kenton Oliver should be excluded from trial as

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their testimony is irrelevant.
Plaintiffs have identified Sally Beesley as a fact witness. Ms. Beesely is

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the Director of the Jefferson County Library District ("JCLD") in Madras,
Oregon. Plaintiffs propose to call Ms. Beesley to testify "about her library's

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policies, procedures and experiences with regard to Internet filters." In addition,
Plaintiffs propose to have Ms. Beesley testify regarding "alternatives to refusing
to disable Internet filters at the request of adult library patrons; the JCLD's

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Internet policies and procedures; how the JCLD's Internet policies and
procedures have been implemented; her experience working with Internet

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policies, procedures and filters; and the consequences of providing unfiltered
access at JCLD's computers."

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Plaintiffs have also identified Kenton Oliver as a fact witness. Mr. Oliver

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is the Executive Director of the Stark County District Library ("SCDL") in
Canton, Ohio. Plaintiffs intend to call Mr. Oliver to testify "about his library

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system's policies, procedures and experiences with regard to Internet filters." In

addition, Mr. Oliver is expected to testify regarding "alternatives to refusing to
disable Internet filters at the request of adult library patrons; the SCDL's

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Internet policies and procedures; how the SCDL's Internet policies and

NCRL'S MOTIONS IN LIMINE JUDGMENT - 2
CV-06-327-EFS
#664313 vi /42703-001

Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third A,'cnuc, Suite 2900, Sc.iUlc. WashingtoD 98101-3028 Telephone [phone], Facsimile [phone]

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procedures have been implemented; his experience working with Internet

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policies, procedures and filters; and the consequences of allowing patrons of the
SCDL to bypass the library's Internet filter."

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Plaintiffs offer Ms. Beesley's and Mr. Oliver's testimony to show
(1) some libraries do not use filters or wil remove the filter at the request of an
adult patron and (2) some of the same libraries do not report any problems with
their Internet policies. With respect to the first point, the fact that some libraries

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do not use filters, or wil remove the filter on the request of an adult patron, is

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not disputed. No testimony on this point is necessary. Regarding the second
point, the fact that other libraries may not have problems with unfiltered access
is not germane. The essential issue posed by this case is whether NCRL' s

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policy of refusing to completely disable the Internet filter on an adult patron's
request is constitutional under the Washington and Federal Constitutions. How
another library may choose to address issues associated with Internet use has no

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bearing on NCRL's approach. This is particularly true, where as here, neither
Ms. Beesley nor Mr. Oliver has any personal knowledge of NCRL' s policies, its

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territories, its patrons, or its administration, and therefore, have no basis upon
which to draw any parallels. See Deposition of Sally Beesley, pp. 14-15; 49-50;
Deposition of

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Kenton Oliver, pp. 36-38; 47-49.

NCRL'S MOTIONS IN LIMIN
JUDGMENT - 3
CV-06-327-EFS
#664313 vi /42703-001
Law Offces

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue, Suite 2900, ScaUle, WashingtoD 98101-3028 Telephone [phone], Facsimile [phone]