Thursday, March 28, 2024

High stakes

Posted

The abolishment of the Hood County Library Advisory Board could result in risk to taxpayers if it is rebuilt with those who shared the views of Dave Eagle during the censorship controversy four years ago.

At that time, Eagle was vice president of the Hood County Tea Party, which took a vocal stance against children’s books that teach tolerance for alternative lifestyles. Eagle is now an elected official, representing Precinct 4 on the Commissioners Court.

The Library Advisory Board has traditionally reviewed member applications and then made recommendations to the Commissioners Court, but the court makes the appointments.

Three new court members, including Eagle, were seated in January. Since then, several discussions about the LAB have taken place at Commissioners Court meetings, with Eagle strongly criticizing the volunteer group.

The court has discussed possibly implementing a new system in which board members representing all four county precincts are appointed, with the county judge also tapping an appointee.

That proposed restructure has not been approved, at least not yet.

This week, the Republican Executive Committee adopted a resolution calling for the abolishment of the LAB.

With just three votes, the Commissioners Court could eliminate the board entirely or dismiss the LAB’s sitting members and start over.

It’s the starting over that could be problematic, depending on how it is done.

LEGAL RISKS

If the board is rebuilt with those who opposed the children’s books that were at the center of the emotionally charged censorship debate – in which Eagle was a central figure – legal consequences could result if the LAB makes a move that could be viewed as censorship.

Established case law outlining censorship was why the 2015 Commissioners Court, acting on the advice of the then-county attorney, supported the then-library director’s refusal to remove or move the books. (The director did move one book to the adult section because it contains a teaching guide for adult caregivers.)

The Texas Library Association, the American Library Association and the National Coalition Against Censorship also weighed in, urging that the books not be touched. Those groups and others closely monitored the situation, which made news in the Los Angeles Times.

The LAB was also in support of leaving the books alone and letting parents decide which materials their children read or view. Under library policy, children under 12 must be accompanied by an adult.

The LAB’s stance drew the ire of Eagle and others.

LAWSUIT SETTLED

That same summer, the Commissioners Court was dealing with a federal lawsuit filed after County Clerk Katie Lang refused to issue same-sex marriage licenses after the Supreme Court’s landmark ruling.

The court ultimately settled the lawsuit for almost $44,000, with the Texas Association of Counties (TAC) paying half the cost.

Court members took that action after being advised by TAC attorneys that TAC would not pay to fight the lawsuit and that Hood County taxpayers could ultimately end up with a legal bill of $1 million or more.

At an August meeting of the Commissioners Court that summer, then-Tea Party President Jim Logan urged court members to risk lawsuits over the library books.

Then-Precinct 4 Commissioner Steve Berry, who opted not to seek a fourth term last year and was succeeded by Eagle, told Logan: “What do I tell those 90 or 100 people who’s emailing me saying, ‘We don’t want a lawsuit’?”

Logan urged Berry and the other court members to nevertheless push the issue and pay to defend any resulting lawsuits.

“We can’t just buckle under,” he said. “Every time we buckle under, our rights are eroded.”

The court did not follow Logan’s advice.

kcruz@hcnews.com | 817-573-7066, ext. 258