The Crested Butte News Serving the Gunnison Valley since 1999
State legislature made the issue moot
By Mark Reaman
The Colorado Supreme Court on Monday issued an order denying the petition for Writ of Certiorari of the Reaman v Brookhart lawsuit coming out of the state court of appeals. The years-long court process was centered on whether those trying to ban library materials should be considered “users” of the library under state statute and thus be afforded anonymity.
Colorado legislators addressed the issue in their last session and settled the matter legislatively by approving Senate Bill 24-216, which was signed by the governor in June. The new law prohibits people from anonymously making a so-called “Request for Reconsideration” at the library. It makes clear that, “the individual making the request must reside in the legal service area for the library in which the request is made.” The law also states that a “written Request for Reconsideration of a library resource is not a library user record as described in section 24-90-119 (1). A written Request for Reconsideration of a library resource is an open record under the ‘Colorado Open Records Act’…”
In other words, an anonymous person from, say Alabama or California, cannot try to ban a book at the Gunnison County Library, and anyone trying to do so, no matter where they live, must do it publicly.
Gunnison County Library District executive director Drew Brookhart said he was appreciative to go through the state’s court system to address the issue. “I am grateful to the Colorado Courts, at every level, for considering this important question,” he said Monday. “I am grateful to the Library Board for their willingness to ask the courts these hard questions about what constitutes a ‘Use’ of the public library, and I am grateful for the Crested Butte News. We are all lucky to have a local newspaper that will go the distance to protect the public’s right to know about public policy decisions.”
Brookhart actively lobbied for the state legislation, and he noted that the legislation took care of the controversial issue on which the court was focused. “Senate Bill 24-216 contains a specific provision that states that filing petitions to ban books or otherwise limit the public’s access to certain information ‘is not’ a use of the library as defined in Colorado’s library privacy statute. That provision accomplishes the transparency of public decision making that our district was seeking in Reaman v. Brookhart and really renders the case moot.”
Reaman seconded that sentiment. “People are certainly welcome to have their opinions about what is appropriate for their kids to read but our issue was that if they are trying to tell others what they or their families should be able to read, they should not be able to do it behind a cloak of anonymity,” he said. “Transparency is an important piece of the foundation of democracy and Colorado has guaranteed that will now be the case. It was great to see our county library district stand up and fight for the same important values and in the end, we both got what we wanted and it’s what the people deserve. I am thankful Drew was able to help steer the conversation in the legislature.”
“Everyone deserves to see themselves and their experiences reflected by the collections of their library. I am grateful to our librarians and our board for their bravery in protecting that ideal,” Brookhart said. “Open access to public libraries is a freedom everyone should cherish, nurture and protect.”
The state legislation also adds protections for library employees and volunteers. It is now prohibited to fire, demote, discipline or retaliate against library staff for refusing to remove a library resource before it has gone through the reconsideration process.
“This legislation solidifies the rights of individuals and families to make their own decisions about what they read and what their children read,” concluded Brookhart.
