The gist: Affiliates of a fringe Christian organization, based out of state, sued the Lafayette Public Library to stop last year's Drag Queen Story Time. A federal magistrate recommended the case be dismissed in an opinion issued this week.
Magistrate says Warriors for Christ and co. don’t have standing to sue library for Drag Queen Story Time
No standing to sue: That was U.S. Magistrate Judge Patrick Hanna's basis for recommending dismissal of the case, captioned Guidry v. Elberson. Hanna found that plaintiffs Chris Sevier and John Gunter Jr. failed to show "dollars-and-cents" injury from the library's organization of Drag Queen Story Time, given the pair live out of state and don't pay local property taxes, according to The Advocate.
Drag Queen Story Time was originally planned by an LGBTQ+ fraternity at UL Lafayette in cooperation with the library and with Library Director Theresa Elberson's support. Libraries around the country have held similar events and have typically drawn similar controversy. Local activist conservative group Citizens for a New Louisiana delivered a petition signed by hundreds to LCG. Citizens was not among the parties that sued the library.
Hanna telegraphed this outcome last week during a hearing on an ACLU motion to intervene in the case. He groused that Warriors for Christ, a litigious group based in West Virginia, and its co-litigants had drowned the court with "thousands of meaningless pages," referring to the volumes of filings poured into the court record.
After Hanna sought an out-of-court resolution on the intervention issue, the library and LCG attorneys agreed to throw out a controversial room reservation form following an in-chambers conversation with Hanna and the ACLU.
Local advocates, represented by the ACLU, challenged the library's use of the reservation form that effectively banned Drag Queen Story Time events organized by private parties. Library and LCG attorneys drafted the form hastily to satisfy a "stand down" agreement with the court intended to prevent the library from organizing a DQST event while the suit was ongoing. ACLU attorneys argued the form was too broad and violated free speech rights.
A litigious bunch. Many of the named plaintiffs in the Guidry v. Elberson case are out-of-state, anti-LGBTQ activists known for filing frivolous lawsuits across the country.
Plaintiff Sevier, an attorney, has made headlines for legal stunts like suing Utah for the right to marry his computer and Apple for not preventing porn from ruining his marriage. Rich Penkoski, Warriors for Christ's self-styled pastor, visited Lafayette last fall to protest DQST, at one point booking a room at the library in a bid to show the library had an anti-Christian bias.
Hanna's opinion is not final. Robert Summerhays, the U.S. district court judge assigned to the case, will later issue a final ruling based in part on Hanna's recommendation. The plaintiffs have 14 days to file an objection, according to The Advocate.
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.
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.
In drafting the non-binding resolution on Drag Queen Story Time, William Theriot and Jared Bellard’s apparent intent was nakedly cynical: trap councilmen on a wedge issue as fodder for future politicking.
Despite the negative consequences to incivility in government, there are surprising and often ignored potential fringe benefits.
▸ The gist: The library’s board president resigned under the mayor-president’s scrutiny, social conservatives have filed a petition, fringe national headlines have continued to percolate and we’re not even in September yet. As of this writing, Drag Queen Story Time is still scheduled at the Lafayette Public Library for Oct. 6, but the drama is ongoing.
▸ Robideaux is not messing around with his library investigation. A key issue in the backlash against the event is the library’s promotion of Drag Queen Story Time in its monthly brochure. The mayor-president said in a statement last week that he wanted to get to the bottom of how the library approves official programming. And he followed through, delivering an aggressive and thorough list of questions to his appointee on the board of control, Joseph Gordon-Wiltz, who also happens to be the assistant council clerk. Gordon-Wiltz tendered his resignation shortly thereafter. Here’s what the mayor-president asked for:
- A list of requested programs that were denied since January 2016
- Any and all correspondence of Board members and Library Staff regarding a Drag Queen Storytime program
- Any and all documentation on files related to Drag Queen Storytime program.
- Any subject-matter "filters" placed on computers used in the Libraries and who makes that decision.
This is a substantial inquiry. Robideaux clearly wants answers.
▸ Social conservatives are seething. Facebook page Lafayette Citizens Against Taxes has circulated a petition via its sister organization Citizens for a New Louisiana asking supporters to register their displeasure with library staff and the City-Parish Council. “While the incessant call for one defeated tax election after another has been disheartening, the use of taxpayer funds to promote sexual deviancy to three-year-olds was and still is shocking,” the template language reads. Meanwhile, a fringe West Virginia pastor — d.b.a. Warriors for Christ — has mounted his own campaign against the event, threatening a lawsuit and an on-site protest.
A Drag Queen Story Time event in Mobile, Ala., has generated similar uproar. News of the mayor-president’s push to cancel Lafayette’s event and Gordon-Wiltz’s resignation has popped up in out-of-state headlines.
▸ Lafayette, Ind., trolled us. A misfired tweet from a Drag Queen Story Time supporter landed on the tweetdeck of West Lafayette, Ind., which took the opportunity to promote its culture of inclusion. Here’s how the other Lafayette’s director of communications explained it in the city’s paper of record, The Journal & Courier:
"OUTFest was just held this past week, and there I personally saw Mayor Tony Roswarski and Mayor John Dennis, as well as Rep. Sheila Klinker, speaking about basic human rights, and how the community comes together to tackle these hard issues," [Communications Director Patty] Payne said. "Every one of those individuals has supported basic human rights since the beginning, and when people come to the city asking for things like this, we try to respond with respect and inclusion."
▸ Strange bedfellows: Robideaux has not been popular among anti-tax conservatives, particularly LCAT, which fought the vote for the mayor-president’s CREATE initiative and has remained a steadfast critic of his administration. His foray into a strident and explosive controversy bucks the mayor-president’s tendency to avoid flare-ups, and it’s unclear if this will win him many permanent fans. No doubt he has his eye on next year’s re-election campaign. Between Drag Queens and LUS, Robideaux has kicked up a lot of rocks over the past couple of months. Whether they break him or simply bruise him won’t be known till 2019.
The Drag Queen Story Time episode’s impact is bigger than drag queens and literacy.
▸ The gist: Dozens crammed into Tuesday’s council meeting to voice support for Drag Queen Story Time, a reading event promoted by the public library that Mayor-President Joel Robideaux apparently sought to cancel in a statement. Robideaux’s statement, also issued Tuesday, came after days of conservative outrage registered with his office and across social media channels.
▸ Drag Queen Story Time? Programmed by a provisional chapter of a national LGBTQ fraternity at UL, Drag Queen Story Time is itself a national phenomenon and is pretty much what it sounds like: men dressed in drag, reading to children. The Lafayette Public Library regularly schedules story time events. The fraternity, Delta Lambda Phi, arranged to host one on Oct. 6 as special guests. The idea is to promote inclusion and tolerance by providing kids an encounter with people who look different. What appears to have triggered social conservatives on the issue is the library’s promotion of Drag Queen Story Time as a recommended event in the library’s monthly brochure.
▸ 23 spoke in favor in Drag Queen Story Time. 1 spoke against. There was some expectation that enraged conservatives would pack the event, given the story’s viral distribution on social media and the outrage registered on pages like Lafayette Citizens Against Taxes. Louisiana Family Forum, the state’s premier evangelical advocacy group, sent out newsletters calling the event a “clear attempt to advance a hyper-sexual agenda” and asking Forum supporters to thank Robideaux for “taking a stand.” Despite the furor, only one speaker, a pastor who noted links in his remarks to the Louisiana Family Forum, spoke in opposition to Drag Queen Story Time.
For more than two hours, supporters took to the council’s podiums, sharing stories of personal abuse, castigating Robideaux’s statement and exhorting tolerance and inclusion as local virtues. One speaker called for Robideaux to withdraw his statements and apologize. Early remarks drew choruses of applause, which Council Chairman Kevin Naquin quelled, he said, for the sake of moving things along.
“I appreciate this hatred, because it has shown me how amazing Lafayette is,” said Bonnie Barbier, a supporter dressed like a hermit crab. She also apologized if her appearance confused any children into thinking she was actually a hermit crab.
▸ This was a strange hill for Robideaux to die on. Few would accuse Robideaux of taking sides in most controversies, a tendency that’s caused some to question his leadership style. He’s avoided weighing in substantively on some big issues in the last year — tax measures, the push for a Lafayette City Council, for instance — but he waded headlong into the city’s latest culture war flare-up. His remarks are dissonant with his ambitions to put Lafayette on the map as a progressive and forward-thinking community that’s attractive to tech companies. Headlines suggesting the mayor-president shares the concerns — or fears the wrath — of social conservatives undermine, if not contradict, the message he’s trying to send the world.
▸ Neither the council nor the mayor have direct authority here. They can’t technically cancel Drag Queen Story Time, or any other library program for that matter. But the library’s Board of Control, which has political appointees seated, could pressure library staff to do so. Robideaux’s statement calls for a review of the library’s programming process, which seems to be the limit of his power here. The council could theoretically pass a resolution condemning Drag Queen Story Time and officially requesting its cancellation. We know of no such effort.