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ACLU

Legal pathway for Drag Queen Story Time wedges open

The gist: Library attorneys agreed in a federal hearing to strike a temporary ban on room bookings for private, drag queen-related events. A ruling in a federal suit filed to stop a library-sponsored Drag Queen Story Time event, which gave rise to the ban, is expected as early as next week; the case looks likely to be thrown out.

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No reservations. The ban was broad and infringed on First Amendment rights, argued attorneys for the ACLU in a Thursday hearing on a motion to intervene. Attorneys representing Lafayette Consolidated Government and the library drafted a special reservation form prohibiting private drag queen events in the library as part of a “stand down” agreement reached with the court in a federal suit filed against the library by fringe Christian organization Warriors for Christ. The agreement required that the library not formally present a DQST event while the lawsuit was pending. The form was drawn up after advocates pressed forward on a private, holiday-themed story time event at the Southside library branch in December. The library revoked the reservation the night before the event was scheduled to happen and issued the waiver form shortly thereafter.

I’m sure they did the best they could,” U.S. Magistrate Judge Patrick Hanna said of the attorneys’ intent in creating the reservation form. Hanna asserted the form was not a direct result of the “stand down” agreement with the court in the Warriors for Christ suit, saying he had not even seen the language. He said the form was “not any ill attempt to deprive anyone of any constitutional rights.”

Hanna asked intervenor Aimee Robinson directly if she could wait a few days for a court ruling on Warriors for Christ’s standing. He reasoned the ban issue would be resolved if the case didn’t go forward. Robinson responded that the library’s ban was a First Amendment violation, demanding an immediate fix.

“As long as the form exists, it does damage to the local gay community,”said Matt Humphrey, who filed the motion to intervene in the Warriors for Christ suit, along with fellow DGST supporter Robinson. Neither Humphrey nor Robinson were part of the fraternity that organized the original DGST event in the fall of 2018. The pair enlisted ACLU attorneys to file the motion asking the court to order the library to reverse the ban. Library attorneys agreed to kill the waiver following an in-chambers conversation with Hanna and the ACLU attorneys. Hanna dismissed the ACLU’s motion.

Thousands of meaningless pages. That’s how Hanna described the volumes of paperwork and motions filed by Warriors for Christ in its suit against the library. He complained that the court was “snowed in” by the case and noted the ruling on Warriors’ standing to file suit was around the corner. If the case is thrown out, that would open the door for the library to officially organize a Drag Queen Story Time event.

In an October press release, the library said it was “committed” to hosting the event in the future. Asked if that was still the case, a library spokesman declined to comment, citing the Warriors suit.

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