The Autauga-Platteville Library Board has never faced a lawsuit, and two of its biggest critics have made it clear to the board that they have no standing to sue. Now, one of them has rewritten the board's policy in a way that invites legal challenges and has hired himself to defend it.
On August 3, 2023, Matt Clark took the stand during the first public comment session of the APPL Board of Directors meeting to explain why his law firm did not file a lawsuit.
“By the way, that's why (the Alabama Center for Law and Freedom) hasn't sued the library board yet, because this is government speech,” Clark said, distinguishing between government speech and public speech. “There is no reason to sue you at this time.”
Seven months later, his wife, Laura Clark, heads the Autauga-Platteville Public Library as a general counsel for $200 an hour.
Matt Clark has served as the founding director of the Alabama Center for Law and Freedom, which is affiliated with the right-wing think tank Alabama Policy Institute, since March 2021.
He left his position in July 2023 to become senior staff attorney to Alabama Supreme Court Chief Justice Tom Parker, and Laura Clark became interim president of the firm, where she continues to serve. There is.
The couple's argument that library books are government speech, not public speech — and therefore not subject to First Amendment protections — could now be heard in court. Several Platteville residents say they want to consider legal action against a new policy drafted by the APPL Board of Directors with support from Laura Clark that bans books with LGBTQ+ content. It shows.
Library Board Chair Ray Boles said in an email to outgoing board member Christy Sellers that the policy was not implemented because “we have hired a constitutional attorney to assist us with this.” assured sellers that the matter would be “challenged in court.”
Boles allowed Clark to be directly involved in policy development even before the board voted on her employment. The email suggests that even though the library has no funding set aside for legal representation, Boles is more concerned about how its policies will play out in court than trying to avoid litigation altogether. It suggests that it was.
Clark appears to have convinced at least four members of the board that she was right, but now that the policies are in place, she has the opportunity to defend them in court, all in Autauga County. This is being done at the expense of taxpayers.
A similar argument was just rejected outright in a federal court in Florida. Federal District Judge Kent Wetherell ruled against Florida's argument that libraries should be considered government speech, questioning how a “reasonable person” could think such a thing. I even questioned it.
“…Given the fact that the traditional purpose of libraries is to provide information on a wide range of subjects and viewpoints, courts have considered how a reasonable person would view the contents of a school library (or any library for that matter). “The government is endorsing the views expressed in the books on library shelves,” Wetherell said in his ruling. “…the speech contained in library collections is very different from the speech contained in government-sponsored parades, prayers, art exhibits, and monuments on public property.”
Quoted by Clarks United States v. American Library Assn., Inc. (2003) As a precedent that library materials are government speeches, not public speeches.
“In this case, the Supreme Court explained that the government has the discretion to make decisions based on content when deciding what private speech to make available to the public, such as books. ” wrote Laura Clark in an 1819 editorial. News is a site that API founded two years before he founded ACCL.
A lawsuit against the board would put the library in dire straits. The board cut its planned advertising costs by $2,000 to make room in its budget to pay Mr. Clark. As her hourly wage is $200, her hours are only 10 hours.
Boles told APR that if Clark needs additional work hours as a board representative, “we're going to go back to the budget and find the funding.”
Between the city and county, as well as state and federal aid, the library's budget is just around $600,000. These expenditures are already planned for without any anticipated expenditures on lawyers. The library board is normally welcome to consult City Attorney Andrew Odom or County Attorney Kyle Shirley for free, but since Odom was not available, the library board was dissatisfied with the city's proposed contract. The problem was caused by a lack of lawyers. Represents both sides.
But the deal was rejected, with Boles admitting that the board had violated the Open Meetings Act when it held an executive session at its January meeting, and said it had hired Clark to prevent violations of the law. Ta. In that meeting alone, he was subject to at least three possible violations of the Open Meetings Act. that the board failed to vote to join the board, that the board did not terminate the board meeting, and that the board took any action when the board selected his two candidates. This seems to be the case. Recommend to Prattville City Council.
Sellers also expressed concern that the remaining members of the board were participating in “secret meetings” without her, which would constitute one or more violations of the law.
Since these legal procedures are consistent with cities and counties, there is no reason why Odom or Shirley could not provide free guidance on how to proceed correctly, rather than the commission charging $200 per hour. It seems so.
And Clark's contract likely won't end the board's financial woes. Sources familiar with Library Services and Technology Act (LTSA) grants say libraries are doomed to lose federal funding. Approximately $20,000. It's also unclear whether the library will lose about $80,000 in state funds.
The library could ask the Platteville City Council and Autauga County Commission for more funding, but it seems unlikely that either would want to get dragged into a legal bill that could have dire consequences. .
