Crawford County libraries, judge ask for Act 372 lawsuit to be thrown out
VAN BUREN, Ark. (KNWA/KFTA) — The Crawford County judge and Crawford County Library System are asking for a lawsuit against the state to be thrown out.
The lawsuit was filed in May 2023 and stated “this matter arises from Crawford County’s unlawful censorship of materials in the county libraries.”
It continued to say that in late 2022 and the beginning of 2023, the county’s Quorum Court’s actions resulted in “the stigmatization of certain books by placing a prominent color label on them” and moving them into a separate “Social Section.”
A motion by Crawford County Judge Chris Keith and the county’s library system filed on Monday seeks to dismiss the lawsuit, saying the complaints against them are “immaterial, redundant, impertinent, and have no bearing on this case.”
Crawford County plaintiffs have stated that they would have no choice but to enforce Act 372, which aims to protect minors from material believed to be harmful.
17 plaintiffs including the Fayetteville Public Library, Eureka Springs Carnegie Public Library, Central Arkansas Library System and Pearl’s Books in Fayetteville filed a lawsuit against Crawford County and Judge Chris Keith in June 2023 to overturn two provisions.
The defendants in the lawsuit are the prosecuting attorneys in each of the 28 Arkansas judicial districts, Crawford County and its county judge.
The motion to dismiss states that the library system already had a “Social Section” which contains certain books on “ongoing concerns of the community” before the law went into effect in August 2023.
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“Crawford County, like every other library that is a plaintiff in this case, would have to implement Act 372 if the Act is not enjoined,” the brief said.
The brief continued, “The only difference between Crawford County and the library plaintiffs is that the library plaintiffs chose not to seek an injunction against implementing the act. Plaintiffs chose to sue to stop Act 372 and Crawford County did not. This leaves Crawford County defending itself against a law it did not draft or ever seek to implement.”
The brief also mentioned a timeline of events included have no bearing on the case because they occurred before the Act was filed in January 2023. It said the “Social Section” was established in December 2022.
“The record in this case is clear, Crawford County would enforce Act 372 because it has to, just like every library plaintiff in this case,” the brief said.
The brief said that the library plaintiffs and the county could choose not to enforce Act 372, but they don’t have a choice.
It continues by saying that Crawford County has to defend itself because the plaintiffs chose to add claims about the actions it took before the act was passed.
The brief says that Crawford County takes the plaintiffs at their word and “Nothing Plaintiffs ask for here would require Crawford County to establish or eliminate the Social Section[.]”
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