Jonesboro Public Library Board Faces Lawsuit Citing Unpublicized Meeting, Graphic Material in Children’s Area

On Wednesday Family Council received a press release from Fort Smith attorney Joey McCutchen announcing that he and his client, Amanda Escue, had filed a Freedom of Information Act complaint in court against the Craighead County Jonesboro Public Library Board.

The lawsuit alleges that the Library Board’s Sensitive Content Subcommittee violated the state’s Freedom of Information Act.

According to a press release from McCutchen, the subcommittee met after learning that “several books in the library’s children’s section contain nudity, sexual conduct, and graphic images of various sexual acts,” but failed to properly advertise the meeting to the public ahead of time as required by state law.

Because the meeting was not advertised, parents and families did not know that the subcommittee was meeting to discuss the presence of sexually-explicit material in the children’s library — meaning they did not have an opportunity to make their voices heard about the graphic material.

This is not the first time that concerns have come up about books in the children’s section of the Jonesboro Public Library.

In June the library made headlines after placing a large selection of pro-LGBT material in its children’s area.

In August the library board discussed proposals to move pro-LGBT material out of the children’s area. However, those good proposals failed to pass.

Below is a copy of the press release from attorney Joey McCutchen regarding the lawsuit against the Craighead County Jonesboro Public Library Board.

Normally, we would link to a copy of the lawsuit itself, but the filing contains examples of the sexually-explicit material allegedly featured in the Jonesboro Public Library’s children’s area; some of that material is so graphic that our team did not feel comfortable posting it on our website.

PRESS RELEASE
Joey McCutchen, 479-806-4878

Fort Smith Attorney Joey McCutchen, along with his client Amanda Escue, filed a FOIA complaint against the Craighead County Jonesboro Public Library Board.

The lawsuit arose after the “Sensitive Content Subcommittee” — a subcommittee of the parent library Board — met without giving notice to the public. The Subcommittee is comprised of Library Director David Eckert and three members of the parent library Board.

The Subcommittee meeting in question was held after the parent Board was notified that several books in the library’s children’s section contain nudity, sexual conduct, and graphic images of various sexual acts. Examples include the books “Gender Queer,” “It’s Perfectly Normal,” and “l8r, g8r.” The Subcommittee members discussed their opinions about whether or not it should be the Board’s responsibility to screen these books from the children’s section of the library.

Library Director David Eckert told the other Subcommittee members that no advertising of the Subcommittee meeting was necessary. Eckert added that he was confident that the Subcommittee meeting was in compliance with all FOIA requirements.

McCutchen said, “The Arkansas Supreme Court has clearly held that subcommittee meetings are subject to the notice requirements of FOIA. The Board had an obligation to notify the public and the press of this meeting.”

McCutchen added, “Parents have a right to know when library book shelves are being filled with sexually-explicit material. When library meetings are held in secret, parents can’t participate and don’t know what their children are being exposed to.”

Lee County Affirms It Is Pro-Life, Becomes Arkansas’ Newest Pro-Life County

Lee County Judge Terry Sandefer signed the pro-life resolution Tuesday night following passage at the quorum court’s meeting.

On Tuesday night the Lee County Quorum Court passed a resolution affirming that the county is Pro-Life.

The resolution reads,

A RESOLTUION AFFIRMING THE COMMITMENT OF THE COUNTY OF LEE, ARKANSAS TO PROTECTING THE UNALIENABLE RIGHT TO LIFE OF EVERY PERSON; AND DECLARING THE COUNTY OF LEE, ARKANSAS TO BE A PRO-LIFE COUNTY.

WHEREAS, the Declaration of Independence declares that all men are created equal, and that they are endowed by their Creator with certain unalienable rights, including the right to life; and

WHEREAS, Amendment 68 to the Arkansas Constitution states that the policy of the State of Arkansas is to protect the life of every unborn child from conception until birth; and

WHEREAS, it is the duty of state and local governments to protect the unalienable right to life of every person within their respective jurisdictions; and

WHEREAS, the United States Supreme Court stated in Poelker v. Doe, 432 U.S. 519 (1977), that the United States Constitution does not forbid a municipality, pursuant to democratic processes, from expressing a preference for normal childbirth instead of abortion;

NOW, THEREFORE, BE IT RESOLVED by the Quorum Court of the County of Lee, Arkansas:

Section 1: It is the policy of the County of Lee to promote and protect the dignity and humanity of all persons at all stages of life from conception until natural death.

Section 2: The County of Lee declares itself to be a Pro-Life County.

Lee County is Arkansas’ eleventh Pro-Life County.

Washington, Benton, CrawfordCleburnePopeJacksonSalineFaulknerPerry, and Sebastian counties have approved pro-life resolutions over the past few months.

The City of Mariana — which is in Lee County — the City of Russellville, and the City of Springdale have passed resolutions affirming that they are Pro-Life as well.

The Arkansas Legislature passed Act 392 of 2021 by Rep. Kendon Underwood (R – Cave Springs) and Sen. Gary Stubblefield (R – Branch) last spring. This excellent law affirms that cities, towns, and counties in Arkansas can designate themselves as Pro-Life.

As Lee County’s pro-life resolution notes, the U.S. Supreme Court has ruled that municipalities can adopt pro-life policy positions. That means any city, town, or county can pass a pro-life resolution like the ones that these communities have passed.

We know from public opinion polling that the vast majority of Arkansans believe abortion ought to be either completely illegal or legal only under certain circumstances. With that in mind, it makes sense that communities in Arkansas would vote to affirm that they are Pro-Life.

We look forward to future communities passing their own resolutions declaring that they are Pro-Life — just like Lee County and these other municipalities have done.

If you would like to learn more about how you can pass a pro-life resolution in your community, give us a call at (501) 375-7000 or click here.

Above: A copy of the resolution passed at the Lee County Quorum Court meeting on October 26., 2021