Case: Fayetteville Public Library v. Crawford County

5:23-cv-05086 | U.S. District Court for the Western District of Arkansas

Filed Date: June 2, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit challenging the constitutionality of Act 372, which passed in the Arkansas Senate on March 30, 2023 and makes it a crime for anyone to make available to a minor any item “harmful to minors,” including books, magazines, and motion pictures. Specifically, Section 1 of Act 372 makes it a misdemeanor criminal offense to provide such material to minors, effectively requiring libraries and bookstores to restrict such material to adult only sections or remove the material from their …

This is a lawsuit challenging the constitutionality of Act 372, which passed in the Arkansas Senate on March 30, 2023 and makes it a crime for anyone to make available to a minor any item “harmful to minors,” including books, magazines, and motion pictures. Specifically, Section 1 of Act 372 makes it a misdemeanor criminal offense to provide such material to minors, effectively requiring libraries and bookstores to restrict such material to adult only sections or remove the material from their shelves altogether. At the same time, Section 5 of Act 372 mandates that Arkansas public libraries must establish a policy governing the removal of material “harmful to minors” from their shelves, whereby a “person affected by the material to be challenged” can challenge the “appropriateness” of the material in the library. Act 372 does not define “appropriateness,” nor does it provide any recourse for community members who believe the challenged material should remain available.

The term “harmful to minors” is broadly defined under Arkansas’ variable obscenity statute to include material that “taken as a whole, has the following characteristics:”

(a)   “The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest in sex to minors;

(b)   The average person eighteen (18) years of age or older applying contemporary community standards would find that the material or performance depicts or describes nudity, sexual conduct, sexual excitement, or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors; and

(c)   The material or performance lacks serious literary, scientific, medical, artistic, or political value for minors.”

Upon its passage, Act 372 was set to go into effect on August 1, 2023.

Represented by the ACLU of Arkansas, Democracy Forward Foundation, and private counsel, plaintiffs filed this case in the United States District Court for the Western District of Arkansas on June 2, 2023. The Plaintiffs include the Central Arkansas Library System and its director, two municipal public libraries, two adult residents of Little Rock and library patron, a minor and parent who were residents of Little Rock and library patrons, a librarian, two nonprofit organizations dedicated to serving librarians and preserving libraries, two independent bookstores, two nonprofit organizations dedicated to helping bookstores and publishers, and three nonprofit organizations dedicated to protecting authors and comic book artists and their first amendment rights. They brought this lawsuit against Crawford County, the County Judge for Crawford County, and the Prosecuting Attorneys for 28 Judicial Districts in Arkansas. Plaintiffs alleged that by enforcing Act 372, defendants violated their rights under the First and Fourth Amendments by (1) restricting adult access to constitutionally protected materials, (2) restricting older minors’ access to constitutionally protected materials, (3) restricting speech, (4) enforcing a law that is unconstitutionally vague, and (5) enforcing a law which violates due process by lack of judicial review. Plaintiffs asked that the court grant preliminary and permanent injunctive relief, declaratory relief, and attorneys’ fees. This case was assigned to Judge Timothy L. Brooks.

On June 22, 2023, Plaintiffs filed a motion for preliminary injunction, asking the court to enjoin defendants from enforcing Act 372 while the case proceeded. Defendants filed an opposition to Plaintiffs’ motion on July 6, 2023, and a motion to dismiss for lack of standing and failure to state a claim on July 5. Defendants specifically argued that should they enforce Act 372 once it came into effect, they would simply be enforcing state law; they did not write the law, nor could they provide the relief Plaintiffs sought. As such, defendants argued that the state of Arkansas would be the proper defendant in this case. Defendants also argued that Plaintiffs’ injuries were too speculative, as Act 372 was not yet in effect and had not yet been enforced.

Following oral argument on July 25, 2023, the court ruled on both motions on July 29, denying defendants’ motion to dismiss and granting Plaintiffs’ motion for preliminary injunction.

Regarding defendants’ motion to dismiss, the Judge Brooks found that Plaintiffs had standing and properly brought action against the defendants, as defendants would be primarily responsible for enforcing Act 372 once it went into effect. The court also found that prior enforcement action of a statute was not necessary to establish standing in a facial challenge, but merely a demonstration of a realistic danger of sustaining direct injury because of the statute’s enforcement. The court determined that Plaintiffs demonstrated a realistic danger of injury in their complaint, and therefore denied defendants’ motion to dismiss. 2023 WL 4849849.

Regarding Plaintiffs’ motion for preliminary injunction, the court preliminarily enjoined defendants from enforcing Sections 1 and 5 of Act 372. The court found that Section 1, which imposes criminal liability on librarians and booksellers, provides no clarity on what affirmative steps librarians and booksellers must take to avoid a violation, and as such is unconstitutionally vague and overbroad. The court also found that Section 5, which articulates a procedure by which anyone “affected” by a book may challenge its placement in a library as “[in]appropriate,” is vague to the extent that it “would permit, if not encourage, library committees and local governmental bodies to make censorship decisions based on content or viewpoint, which would violate the First Amendment.” For these reasons, the court granted Plaintiffs’ motion for preliminary injunction and enjoined defendants from enforcing Sections 1 and 5 of Act 372. 2023 WL 4845636.

On August 7, 2023, defendants asked Judge Brooks to reconsider both opinions, arguing that the court relied on facts not pled in Plaintiffs’ complaint in order to deny defendants’ motion to dismiss and grant Plaintiffs’ motion for preliminary injunction. The court denied defendants’ motion for reconsideration on September 26, 2023.  The court determined that the exhibit-reference or word-choice errors that defendants took issue with were immaterial to the court’s conclusions and were the result of the court’s efforts to issue its opinion in advance of August 1, 2023, when Act 372 would have gone into effect, and only five days after oral argument was held.

Plaintiffs filed an amended complaint on January 22, 2024. This new complaint added a new minor and parent plaintiff who were library patrons and residents of Crawford County. The initial minor who joined as a plaintiff at the start of the litigation had since turned 18. The amended complaint also asserted that Crawford County began implementing Act 372 before it went into effect, by creating the Social Section in its county libraries. Crawford County libraries allegedly moved children’s books with LGBTQ+ themes and authors into the Social Section of libraries, thus moving these books out of the children’s section and into a new area within the adult section. When some Crawford County residents demanded that the county cease this practice, Crawford County, through its attorney, declined to do so because it was within its rights to “protect[] children from exposure to materials that might harm their innocence.”

On February 12, 2024, Crawford County and the County Judge defendants filed a motion to strike certain allegations in the amended complaint. Specifically, defendants argued that the factual allegations regarding the Social Sections in Crawford County predated the introduction of Act 372 in the Arkansas legislature, and as such were immaterial and had no bearing on this case. In this same motion, defendants also moved to dismiss Plaintiffs’ amended complaint, incorporating the same arguments from their first motion to dismiss.

The court denied defendants’ motion to strike and renewed motion to dismiss on March 4, 2024. The court found that defendant’s request to strike was meritless, and denied the motion to dismiss for the same reasons as the court denied their original motion to dismiss.

On March 25, 2024, the minor plaintiff who had since turned 18 moved to voluntarily dismiss her claims against defendants, and the court granted her dismissal from the case the next day.

As of March 31, 2024, this case is ongoing with the remaining parties.

Summary Authors

Sarah Portwood (3/31/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67466999/parties/fayetteville-public-library-v-crawford-county-arkansas/


Judge(s)

Brooks, Timothy Lloyd (Arkansas)

Attorney for Plaintiff

Adams, John T. (Arkansas)

Bamberger, Michael (Arkansas)

Bardwell, Will (Arkansas)

Brownstein, Bettina E. (Arkansas)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
2

5:23-cv-05086

Complaint

June 2, 2023

June 2, 2023

Complaint
52

5:23-cv-05086

Opinion and Order

July 29, 2023

July 29, 2023

Order/Opinion

2023 WL 2023

53

5:23-cv-05086

Memorandum Opinion and Order

July 29, 2023

July 29, 2023

Order/Opinion

2023 WL 2023

63

5:23-cv-05086

Opinion and Order

Sept. 26, 2023

Sept. 26, 2023

Order/Opinion
75

5:23-cv-05086

First Amended Complaint

Jan. 22, 2024

Jan. 22, 2024

Complaint
84

5:23-cv-05086

Order

March 4, 2024

March 4, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67466999/fayetteville-public-library-v-crawford-county-arkansas/

Last updated March 30, 2024, 6:51 p.m.

ECF Number Description Date Link Date / Link
1

CIVIL COVER SHEET by All Plaintiffs. Please proceed with filing your case initiating document(s).If the case initiating documents are not filed by Close of Business the next business day, this file may be closed.A civil action is commenced by filing a complaint with the Court (Fed.R.Civ.P.3). (lgd) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
2

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AARWDC-2784265), filed by Eureka Springs Carnegie Public Library, Central Arkansas Library System, Nate Coulter. (Attachments: # 1 Exhibit 1 - Act 372, # 2 Exhibit 2 - Response to Demand, # 3 Exhibit 3 - Letter to Library)(Adams, John) (Entered: 06/02/2023)

1 Exhibit 1 - Act 372

View on PACER

2 Exhibit 2 - Response to Demand

View on RECAP

3 Exhibit 3 - Letter to Library

View on RECAP

June 2, 2023

June 2, 2023

Clearinghouse
3

Magistrate Notice/Consent Form furnished. (lgd) (Entered: 06/02/2023)

June 2, 2023

June 2, 2023

PACER
4

MOTION for Attorney Ben Seel to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2784926) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Seel, Benjamin) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
5

MOTION for Attorney Will Bardwell to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2784956) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Bardwell, Will) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
6

MOTION for Attorney Michael A. Bamberger to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785274) by Leta Caplinger. (Attachments: # 1 Affidavit Declaration of Good Standing)(Brownstein, Bettina) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
7

MOTION for Attorney Kristen C. Rodriguez to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785293) by Leta Caplinger. (Attachments: # 1 Affidavit Declaration of Good Standing)(Brownstein, Bettina) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
8

MOTION for Attorney to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2785311) by Leta Caplinger. (Attachments: # 1 Affidavit Declaration of Good Standing)(Brownstein, Bettina) (Entered: 06/05/2023)

June 5, 2023

June 5, 2023

PACER
9

TEXT ONLY ORDER GRANTING 4 Motion to Appear Pro Hac Vice. BEN SEEL appearing for certain Plaintiffs. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER

Order on Motion to Appear Pro Hac Vice

June 6, 2023

June 6, 2023

PACER
10

TEXT ONLY ORDER GRANTING 5 Motion to Appear Pro Hac Vice. WILL BARDWELL appearing for certain Plaintiffs. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER
11

TEXT ONLY ORDER GRANTING 6 Motion to Appear Pro Hac Vice. MICHAEL A. BAMBERGER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER
12

TEXT ONLY ORDER GRANTING 7 Motion to Appear Pro Hac Vice. KRISTEN C. RODRIGUEZ is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER
13

TEXT ONLY ORDER GRANTING 8 Motion to Appear Pro Hac Vice. REBECCA HUGHES PARKER is directed to immediately register for Pro Hac Vice filer access through PACER and enter his/her appearance in this matter. Signed by Honorable Timothy L. Brooks on June 6, 2023. (slc) (Entered: 06/06/2023)

June 6, 2023

June 6, 2023

PACER
14

NOTICE of Appearance by Christine A. Cryer on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Cryer, Christine) (Entered: 06/14/2023)

June 14, 2023

June 14, 2023

PACER
15

WAIVER OF SERVICE Returned Executed filed by Leta Caplinger, Eureka Springs Carnegie Public Library, Comic Book Legal Defense Fund, Fayetteville Public Library, Freedom to Read Foundation, Inc., Author's Guild, Inc., American Booksellers Association, Advocates for All Arkansas Libraries, Pearl's Books, LLC, Jennie Kirby, Central Arkansas Library System, Arkansas Library Association, Wordsworth Community Bookstore, LLC, Association of American Publishers, Inc, Adam Webb, Nate Coulter, Olivia Farrell. All Defendants. (Adams, John) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
16

NOTICE of Appearance by Noah Watson on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Watson, Noah) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
17

NOTICE of Appearance by John Otho Payne on behalf of Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Payne, John) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
18

MOTION for Attorney Aman George to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2793864) by Advocates for All Arkansas Libraries, Arkansas Library Association. (George, Aman) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

PACER
19

MOTION for Attorney Orlando Economos to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2794117) by Advocates for All Arkansas Libraries, Arkansas Library Association. (Economos, Orlando) (Entered: 06/21/2023)

June 21, 2023

June 21, 2023

PACER
20

TEXT ONLY ORDER GRANTING 18 Motion to Appear Pro Hac Vice. AMAN GEORGE appearing for Plaintiffs Advocates for All Arkansas Libraries and Arkansas Library Association. Signed by Honorable Timothy L. Brooks on June 22, 2023. (slc) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER

Order on Motion to Appear Pro Hac Vice

June 22, 2023

June 22, 2023

PACER
21

TEXT ONLY ORDER GRANTING 19 Motion to Appear Pro Hac Vice. ORLANDO ECONOMOS appearing for Plaintiffs Advocates for All Arkansas Libraries and Arkansas Library Association. Signed by Honorable Timothy L. Brooks on June 22, 2023. (slc) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

PACER
22

MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Exhibit Declaration of John Adams, # 2 Exhibit Declaration of Deborah Caldwell-Stone, # 3 Exhibit Declaration of Leta Caplinger, # 4 Exhibit Declaration of Carol Coffey, # 5 Exhibit Declaration of Nate Coulter, # 6 Exhibit Declaration Christina Danos, # 7 Exhibit Declaration of Olivia Farrell, # 8 Exhibit Declaration of David Grogan, # 9 Exhibit Declaration of David Johnson, # 10 Exhibit Declaration of Daniel Jordan, # 11 Exhibit Declaration of Hayden Kirby, # 12 Exhibit Declaration of Mary E. Rasenberger, # 13 Exhibit Declaration of Matthew D. Stratton, # 14 Exhibit Declaration of Jeff Trexler, # 15 Exhibit Declaration of Adam Webb, # 16 Exhibit Declaration of Kandi West)(Adams, John) (Entered: 06/22/2023)

1 Exhibit Declaration of John Adams

View on PACER

2 Exhibit Declaration of Deborah Caldwell-Stone

View on PACER

3 Exhibit Declaration of Leta Caplinger

View on PACER

4 Exhibit Declaration of Carol Coffey

View on PACER

5 Exhibit Declaration of Nate Coulter

View on PACER

6 Exhibit Declaration Christina Danos

View on PACER

7 Exhibit Declaration of Olivia Farrell

View on PACER

8 Exhibit Declaration of David Grogan

View on PACER

9 Exhibit Declaration of David Johnson

View on PACER

10 Exhibit Declaration of Daniel Jordan

View on PACER

11 Exhibit Declaration of Hayden Kirby

View on PACER

12 Exhibit Declaration of Mary E. Rasenberger

View on PACER

13 Exhibit Declaration of Matthew D. Stratton

View on RECAP

14 Exhibit Declaration of Jeff Trexler

View on PACER

15 Exhibit Declaration of Adam Webb

View on PACER

16 Exhibit Declaration of Kandi West

View on PACER

June 22, 2023

June 22, 2023

RECAP
23

MEMORANDUM BRIEF in Support of 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 06/22/2023)

June 22, 2023

June 22, 2023

RECAP
24

NOTICE of Appearance by Forrest Stobaugh on behalf of Crawford County, Arkansas, Chris Keith. (Stobaugh, Forrest) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
25

NOTICE of Appearance by James D Rankin, III on behalf of Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
26

NOTICE of Appearance by Samuel McLelland on behalf of Crawford County, Arkansas, Chris Keith. (McLelland, Samuel) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER
27

NOTICE of Appearance by Gentry Carlin Wahlmeier on behalf of Crawford County, Arkansas, Chris Keith. (Wahlmeier, Gentry) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
28

ORDER SETTING BRIEFING SCHEDULE AND HEARING on 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order :( Motion Hearing set for 7/25/2023 10:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks.) (See ORDER for specific deadlines). Signed by Honorable Timothy L. Brooks on June 27, 2023. (lgd) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

RECAP
29

MOTION TO TRANSFER CASE and NOTICE by Crawford County, Arkansas, Chris Keith Notice of Related Case (Rankin, James) Modified on 6/28/2023 (slc). (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

PACER
30

NOTICE of Appearance by Michael Bamberger on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Bamberger, Michael) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

PACER
31

NOTICE of Appearance by Kristen Rodriguez on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Rodriguez, Kristen) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

PACER
32

NOTICE of Appearance by Rebecca Hughes Parker on behalf of American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Pearl's Books, LLC, Wordsworth Community Bookstore, LLC. (Parker, Rebecca) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

PACER
33

RESPONSE IN OPPOSITION TO Motion re 29 MOTION to Transfer Case filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

RECAP

Order

June 29, 2023

June 29, 2023

PACER
34

**CORRECTED DATE** TEXT ONLY ORDER setting a response deadline of JULY 3, 2023, for the pending MOTION to Transfer Case 29 filed by Separate Defendants Crawford County, Arkansas, and County Judge Chris Keith. Plaintiffs filed their collective response to the Motion today. If any other Defendant wishes to file a response, it must be received by the Court by the deadline. Signed by Honorable Timothy L. Brooks on June 29, 2023. (ee) Modified on 6/29/2023 (slc). (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

PACER
35

MOTION to Dismiss for Failure to State a Claim by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

PACER
36

MEMORANDUM BRIEF in Support of 35 MOTION to Dismiss for Failure to State a Claim by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

RECAP
37

RESPONSE IN OPPOSITION TO Motion re 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton. (Watson, Noah) (Entered: 07/06/2023)

July 6, 2023

July 6, 2023

RECAP
38

RESPONSE IN OPPOSITION TO Motion re 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit 1)(Rankin, James) (Entered: 07/06/2023)

1 Exhibit 1

View on RECAP

July 6, 2023

July 6, 2023

RECAP
39

MOTION for Leave to Exceed Page Limitation by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

PACER

Order on Motion for Leave to File Excess Pages

July 7, 2023

July 7, 2023

PACER
40

TEXT ONLY ORDER granting 39 Motion for Leave to File Excess Pages. Signed by Honorable Timothy L. Brooks on July 7, 2023. (ee) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

PACER
41

ORDER denying 29 Motion to Transfer Case. Signed by Honorable Timothy L. Brooks on July 7, 2023. (tg) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

PACER
42

REPLY to Response to Motion re 22 MOTION for Preliminary Injunction or, in the Alternative, a Temporary Restraining Order filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Exhibit A - List of Books, # 2 Exhibit B - Crawford County Quorum Court - Journal of Procedures 12-19-22, # 3 Exhibit C - Crawford County Quorum Court - Journal of Procedures 1-17-23)(Adams, John) (Entered: 07/13/2023)

1 Exhibit A - List of Books

View on PACER

2 Exhibit B - Crawford County Quorum Court - Journal of Procedures 12-19-22

View on PACER

3 Exhibit C - Crawford County Quorum Court - Journal of Procedures 1-17-23

View on PACER

July 13, 2023

July 13, 2023

PACER
43

RESPONSE IN OPPOSITION TO Motion re 35 MOTION to Dismiss for Failure to State a Claim filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

RECAP
44

MOTION in Limine to Exclude Evidence and Limit Testimony by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A - Pltf Witness List, # 2 Exhibit B - Sep Dfdt Crawford Co Witness List)(Rankin, James) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER
45

MEMORANDUM BRIEF in Support of 44 MOTION in Limine to Exclude Evidence and Limit Testimony by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

RECAP
46

MOTION for Leave to File Reply by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A Reply in Support of Motion to Dismiss)(Rankin, James) (Entered: 07/24/2023)

1 Exhibit A Reply in Support of Motion to Dismiss

View on RECAP

July 24, 2023

July 24, 2023

PACER

Order on Motion in Limine

July 24, 2023

July 24, 2023

PACER

Order on Motion for Leave

July 24, 2023

July 24, 2023

PACER
47

TEXT ONLY ORDER granting 46 Separate Defendants Crawford County and Chris Keith's Motion for Leave to file a Reply. Signed by Honorable Timothy L. Brooks on July 24, 2023. (jld) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
48

TEXT ONLY ORDER denying 44 Motion in Limine. For purposes of the preliminary injunction hearing, the evidence cited in the Motion is potentially relevant to the claims, issues, and defenses presently before the Court. This ruling is without prejudice to the County Defendants' ability to argue at the hearing why they believe this evidence should not be relied upon in arriving at the Court's ultimate ruling on the matter of preliminary injunctive relief. Signed by Honorable Timothy L. Brooks on July 24, 2023. (ee) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
49

REPLY to Response to Motion re 35 MOTION to Dismiss for Failure to State a Claim filed by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 07/24/2023)

July 24, 2023

July 24, 2023

PACER
50

ORDER regarding media request (see order for specifics). Signed by Honorable Timothy L. Brooks on July 25, 2023. (slc) (Entered: 07/25/2023)

July 25, 2023

July 25, 2023

RECAP
51

Minute Entry for proceedings held before Honorable Timothy L. Brooks: Motion Hearing held on 7/25/2023. (Paula Barden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc) (Entered: 07/26/2023)

July 25, 2023

July 25, 2023

RECAP
52

OPINION AND ORDER DENYING 35 The Crawford County Defendants' Motion to Dismiss. The Crawford County Defendants' Answer must be filed no later than August 14, 2023.Signed by Honorable Timothy L. Brooks on July 29, 2023. (Brooks, Timothy) Modified on 7/31/2023 to edit text (jlm). (Entered: 07/29/2023)

July 29, 2023

July 29, 2023

Clearinghouse
53

MEMORANDUM OPINION AND ORDER GRANTING 22 Plaintiffs' Motion for Preliminary Injunction. Sections 1 and 5 of Arkansas Act 372 of 2023 are PRELIMINARILY ENJOINED. Signed by Honorable Timothy L. Brooks on July 29, 2023. (Brooks, Timothy) (Entered: 07/29/2023)

July 29, 2023

July 29, 2023

Clearinghouse
54

ANSWER to 2 Complaint, by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton.(Watson, Noah) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

RECAP
55

MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A. Joint Statement of Stipulated of Facts)(Rankin, James) (Entered: 08/07/2023)

1 Exhibit A. Joint Statement of Stipulated of Facts

View on PACER

Aug. 7, 2023

Aug. 7, 2023

PACER
56

MEMORANDUM BRIEF in Support of 55 MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

RECAP
57

NOTICE OF FILING OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on July 25, 2023, before Judge Timothy L. Brooks. Court Reporter/Transcriber: Paula K Barden, Telephone number paula_barden@arwd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber. After the Release of Transcript Restriction deadline, it, or a redacted transcript, may be obtained through the Court Reporter/Transcriber or PACER A Notice of Intent to Request Redaction of the Transcript MUST be filed within 7 calendar days of the filing of the transcript and served manually on the court reporter/transcriber. Redaction Request due 8/30/2023. Redacted Transcript Deadline set for 9/11/2023. Release of Transcript Restriction set for 11/7/2023. (pkb) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
58

ANSWER to 2 Complaint, by Crawford County, Arkansas, Chris Keith.(Rankin, James) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

RECAP
59

RESPONSE IN OPPOSITION TO Motion re 55 MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Adams, John) (Entered: 08/21/2023)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

3 Exhibit 3

View on RECAP

4 Exhibit 4

View on RECAP

Aug. 21, 2023

Aug. 21, 2023

RECAP
60

MOTION for Leave to File Reply by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit A - Reply)(Rankin, James) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER

Order on Motion for Leave

Aug. 28, 2023

Aug. 28, 2023

PACER
61

TEXT ONLY ORDER granting 60 Motion for Leave to File Reply. Signed by Honorable Timothy L. Brooks on August 28, 2023. (ee) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
62

REPLY to Response to Motion re 55 MOTION to Amend/Correct 53 Order on Motion for Preliminary Injunction, 52 Order on Motion to Dismiss for Failure to State a Claim, filed by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
63

OPINION AND ORDER Denying 55 Motion for Reconsideration to Amend/Correct (See Order for Specifics). Signed by Honorable Timothy L. Brooks on September 26, 2023. (lgd) (Entered: 09/26/2023)

Sept. 26, 2023

Sept. 26, 2023

Clearinghouse
64

INITIAL SCHEDULING ORDER: Case Management Hearing set for 11/28/2023 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 11/9/2023. Signed by Honorable Timothy L. Brooks on October 5, 2023. (slc) (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

RECAP
65

Corporate Disclosure Statement by Pearl's Books, LLC, American Booksellers Association, Association of American Publishers, Inc, Author's Guild, Inc., Comic Book Legal Defense Fund, Freedom to Read Foundation, Inc., Wordsworth Community Bookstore, LLC. (Parker, Rebecca) Modified to correct docket text on 10/24/2023 (tmc). (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

PACER
66

Corporate Disclosure Statement by Advocates for All Arkansas Libraries, Arkansas Library Association. (Seel, Benjamin) (Entered: 10/24/2023)

Oct. 24, 2023

Oct. 24, 2023

PACER
67

MOTION for Attorney Jeffrey Dubner to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2867784) by Advocates for All Arkansas Libraries, Arkansas Library Association, Adam Webb. (Dubner, Jeffrey) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

RECAP

Order on Motion to Appear Pro Hac Vice

Oct. 31, 2023

Oct. 31, 2023

PACER
68

TEXT ONLY ORDER GRANTING 67 Motion to Appear Pro Hac Vice. JEFFREY DUBNER appearing for Advocates for All Libraries, Arkansas Library Assocation, and Adam Webb. Signed by Honorable Timothy L. Brooks on October 31, 2023. (slc) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

PACER
69

JOINT REPORT of Rule 26(f) Planning Meeting by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Adams, John) (Entered: 11/09/2023)

Nov. 9, 2023

Nov. 9, 2023

RECAP
70

TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 11/28/2023 (via Zoom). (Paula Barden-Court Reporter) (slc) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER

Case Management Hearing

Nov. 28, 2023

Nov. 28, 2023

PACER
71

CASE MANAGEMENT ORDER: Final Pretrial Conference set for 10/4/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. BENCH TRIAL set for 10/15/2024 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on December 1, 2023. (slc) (Entered: 12/01/2023)

Dec. 1, 2023

Dec. 1, 2023

RECAP
72

MOTION for Leave to Amend the Complaint by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Jennie Kirby, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Attachments: # 1 Proposed First Amended Complaint)(Adams, John) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER
73

RESPONSE IN SUPPORT OF Motion re 72 MOTION for Leave to Amend the Complaint and Request 21 days to file Responsive Pleading to Amended Complaint filed by Crawford County, Arkansas, Chris Keith. (McLelland, Samuel) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

RECAP
73

RESPONSE IN SUPPORT OF Motion re 72 MOTION for Leave to Amend the Complaint and Request 21 days to file Responsive Pleading to Amended Complaint filed by Crawford County, Arkansas, Chris Keith. (McLelland, Samuel) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

RECAP

Order on Motion for Leave

Jan. 11, 2024

Jan. 11, 2024

PACER

Order on Motion for Leave

Jan. 11, 2024

Jan. 11, 2024

PACER
74

TEXT ONLY ORDER granting 72 Motion for Leave to File Amended Complaint. Plaintiffs are directed to file their proposed amended complaint of record. Defendants' answers or other responsive pleadings will be due by no later than 21 days after the amended complaint is filed. Signed by Honorable Timothy L. Brooks on January 11, 2024. (ee) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER
74

TEXT ONLY ORDER granting 72 Motion for Leave to File Amended Complaint. Plaintiffs are directed to file their proposed amended complaint of record. Defendants' answers or other responsive pleadings will be due by no later than 21 days after the amended complaint is filed. Signed by Honorable Timothy L. Brooks on January 11, 2024. (ee) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER
75

AMENDED COMPLAINT as to 2 Complaint, against All Defendants, filed by Miel Partain, Leta Caplinger, Eureka Springs Carnegie Public Library, Comic Book Legal Defense Fund, Fayetteville Public Library, Freedom to Read Foundation, Inc., Author's Guild, Inc., American Booksellers Association, Advocates for All Arkansas Libraries, Madeline Partain, Pearl's Books, LLC, Jennie Kirby, Central Arkansas Library System, Arkansas Library Association, Wordsworth Community Bookstore, LLC, Association of American Publishers, Inc, Adam Webb, Nate Coulter, Olivia Farrell. Related document: 2 Complaint, filed by Nate Coulter, Eureka Springs Carnegie Public Library, Central Arkansas Library System. (Attachments: # 1 Exhibit 1 - Act 372, # 2 Exhibit 2 - Response to Demand, # 3 Exhibit 3 - Letter to Library)(Adams, John) (Entered: 01/22/2024)

1 Exhibit 1 - Act 372

View on PACER

2 Exhibit 2 - Response to Demand

View on PACER

3 Exhibit 3 - Letter to Library

View on PACER

Jan. 22, 2024

Jan. 22, 2024

Clearinghouse
75

AMENDED COMPLAINT as to 2 Complaint, against All Defendants, filed by Miel Partain, Leta Caplinger, Eureka Springs Carnegie Public Library, Comic Book Legal Defense Fund, Fayetteville Public Library, Freedom to Read Foundation, Inc., Author's Guild, Inc., American Booksellers Association, Advocates for All Arkansas Libraries, Madeline Partain, Pearl's Books, LLC, Jennie Kirby, Central Arkansas Library System, Arkansas Library Association, Wordsworth Community Bookstore, LLC, Association of American Publishers, Inc, Adam Webb, Nate Coulter, Olivia Farrell. Related document: 2 Complaint, filed by Nate Coulter, Eureka Springs Carnegie Public Library, Central Arkansas Library System. (Attachments: # 1 Exhibit 1 - Act 372, # 2 Exhibit 2 - Response to Demand, # 3 Exhibit 3 - Letter to Library)(Adams, John) (Entered: 01/22/2024)

1 Exhibit 1 - Act 372

View on PACER

2 Exhibit 2 - Response to Demand

View on PACER

3 Exhibit 3 - Letter to Library

View on PACER

Jan. 22, 2024

Jan. 22, 2024

Clearinghouse
76

MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
76

MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
77

MEMORANDUM BRIEF in Support of 76 MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

RECAP
77

MEMORANDUM BRIEF in Support of 76 MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Rankin, James) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

RECAP
78

ANSWER to 75 Amended Complaint,,, by Crawford County, Arkansas, Chris Keith.(Rankin, James) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
78

ANSWER to 75 Amended Complaint,,, by Crawford County, Arkansas, Chris Keith.(Rankin, James) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

PACER
79

Prosecuting Attorneys' ANSWER to 75 Amended Complaint,,, by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton.(Watson, Noah) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

RECAP
79

Prosecuting Attorneys' ANSWER to 75 Amended Complaint,,, by Rebecca Reed McCoy, Tim Blair, Jana Bradford, Debra Buschman, Carol Crews, Matt Durett, David Ethredge, Sonia Fonticiella, Chuck Graham, Ben Hale, Devon Holder, Kevin Holmes, Teresa Howell, Kyle Hunter, Will Jones, Michelle C. Lawrence, Connie Mitchell, Todd Murray, Jeff Phillips, Jeff Rogers, Tony Rogers, Daniel Shue, Drew Smith, Nathan Smith, Frank Spain, Tom Tatum, II, Dan Turner, Chris Walton.(Watson, Noah) (Entered: 02/12/2024)

Feb. 12, 2024

Feb. 12, 2024

RECAP
80

RESPONSE IN OPPOSITION TO Motion re 76 MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Hayden Kirby, Miel Partain, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Seel, Benjamin) (Entered: 02/26/2024)

Feb. 26, 2024

Feb. 26, 2024

PACER
80

RESPONSE IN OPPOSITION TO Motion re 76 MOTION to Strike 75 Amended Complaint,,, Motion to Strike Certain Allegations and Dismiss filed by Advocates for All Arkansas Libraries, American Booksellers Association, Arkansas Library Association, Association of American Publishers, Inc, Author's Guild, Inc., Leta Caplinger, Central Arkansas Library System, Comic Book Legal Defense Fund, Nate Coulter, Eureka Springs Carnegie Public Library, Olivia Farrell, Fayetteville Public Library, Freedom to Read Foundation, Inc., Hayden Kirby, Miel Partain, Pearl's Books, LLC, Adam Webb, Wordsworth Community Bookstore, LLC. (Seel, Benjamin) (Entered: 02/26/2024)

Feb. 26, 2024

Feb. 26, 2024

PACER
81

MOTION for Leave to File Reply in Support of Motion to Strike Certain Allegations and Dismiss by Crawford County, Arkansas, Chris Keith. (Attachments: # 1 Exhibit Reply in Support of Motion to Strike)(Rankin, James) (Entered: 02/29/2024)

Feb. 29, 2024

Feb. 29, 2024

PACER

Case Details

State / Territory: Arkansas

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: June 2, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Central Arkansas Library System and its director, two municipal public libraries, two adult residents of Little Rock and library patron, a minor and parent who were residents of Little Rock and library patrons, a librarian, two nonprofit organizations dedicated to serving librarians and preserving libraries, two independent bookstores, two nonprofit organizations dedicated to helping bookstores and publishers, and three nonprofit organizations dedicated to protecting authors and comic book artists and their first amendment rights.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Crawford County (Crawford), County

Prosecuting Attorneys for Arkansas Judicial Districts 1-22, County

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process: Procedural Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2023 - None

Issues

General/Misc.:

Government services

LGBTQ+:

LGBTQ+