The gist: A spurious federal lawsuit filed to stop the library’s Drag Queen Story Time event planned last fall was formally dismissed Jan. 31. The court ruled the out-of-state fringe Christian organizations that filed suit had no standing.
The ruling was long expected. A federal magistrate recommended the case be thrown out last month, saying 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. Both Lafayette Consolidated Government (by way of Mayor-President Joel Robideaux) and the Lafayette Public Library (by way of Director Teresa Elberson) were named defendants in the suit.
Sevier, an attorney and EDM producer, is a litigious agitator on LGBTQ+ issues — same-sex marriage, transgender rights, etc. — and has filed dozens of suits on bizarre grounds across the country. His cases typically argue the LGBTQ+ community is in effect a faith ideology. Any government interaction, he claims, like issuing marriage licenses or promoting a Drag Queen Story Time, is tantamount to state-sponsorship of a religion, and thus a violation of the First Amendment’s establishment clause. He teamed up with West Virginia-based extremist Christian ministry Warriors for Christ to sue the Lafayette Public Library.
“By bringing this lawsuit, we are unapologetically and firmly defending the civil rights movement led by pastor Martin Luther King,” Sevier told News 15 last year. Sevier made national headlines for other legal stunts like suing Utah for the right to marry his computer and Apple for not preventing porn from ruining his marriage.
Magistrate Judge Patrick Hanna was clearly exasperated with the case in December. He complained the court was “snowed in” by Warriors for Christ filings during a hearing on an ACLU intervention into the case on behalf of DQST supporters.
Drag Queen Story Time is back. Supporters have booked two private readings at the library’s south regional branch this Sunday. Religious groups and opponents have begun circulating information about it. Organizers say they expect some protests and have arranged for security. Sunday’s events are not directly affiliated with the program, planned by an LGBTQ+ fraternity at UL Lafayette, that sparked the last few months of controversy and attracted the attention of Sevier and Warriors for Christ.
That event was postponed indefinitely when a venue big enough to accommodate scores of sympathizers and protestors couldn’t be found.
Magistrate says Warriors for Christ and co. don’t have standing to sue library for Drag Queen Story Time
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.
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.