|"To learn who rules over you, simply find out|
who you are not allowed to criticize."
Not Voltaire but it fits OPPL-BoT perfectly.
I respectfully request a review of the actions of the Orland Park Public Library [OPPL] for violation of the Open Meetings Act [OMA] by denying me the right of public comment at its 19 May 2014 OPPL Board of Trustees [OPPL-BoT] meeting. This is the second time I have been denied that right despite OMA and library policy and the second time requested a review. The first Request for Review was for violating OMA during the 16 December 2014 OPPL-BoT meeting: “Open Meetings Act Violations by the Board of Library Trustees of the Orland Park Public Library.” ( http://safelibraries.blogspot.com/2014/02/OPPL.html )
OPPL Censorship Policy Is Ultra Vires
OPPL-BoT Shows It Will Not Comply With Law Nor Attorney General Determinations
What OPPL Sought to Block: My Advising State and Local Law Precludes Porn In Public Libraries Statewide
Municipal Law Precludes Internet Porn in OPPL
The word “benefit” is from the Latin bene factum. Bene meaning good. There is nothing bene about Internet pornography in a public library, let alone anywhere else. The display of Internet pornography in OPPL violates Village of Orland Park Ordinance No. 77. It is not for the “use and benefit” of anyone, as required by law. Rather, it does the opposite and causes harm. To any extent OPPL-BoT permits Internet pornography in OPPL, it is acting ultra vires and harming the community.
State Law Precludes Internet Porn in Illinois Libraries
The US Supreme Court Finds Pornography Is Traditionally Blocked From Libraries
Public libraries pursue the worthy missions of facilitating learning and cultural enrichment. …. [P]ublic libraries seek to provide materials “that would be of the greatest direct benefit or interest to the community.” [NOTE: substantially similar to the language in 75 ILCS 5 and the municipal ordinance.] …. To this end, libraries collect only those materials deemed to have “requisite and appropriate quality.” …. A public library … provides Internet access … for the same reasons it offers other library resources: to facilitate research, learning, and recreational pursuits by furnishing materials of requisite and appropriate quality. ….
A library's need to exercise judgment in making collection decisions depends on its traditional role in identifying suitable and worthwhile material; it is no less entitled to play that role when it collects material from the Internet than when it collects material from any other source. Most libraries already exclude pornography from their print collections because they deem it inappropriate for inclusion. We do not subject these decisions to heightened scrutiny; it would make little sense to treat libraries' judgments to block online pornography any differently, when these judgments are made for just the same reason.
[P]ublic libraries' use of Internet filtering software does not violate their patrons' First Amendment rights….
Internet Pornography Has Neither Use Nor Benefit so US Supreme Court Ruled It May Be Blocked
Has OPPL-BoT Ever Explained Why Porn is Beneficial in Libraries Despite the Law?
This is Why OPPL-BoT Bullies and Will Continue to Violate OMA
Local Police Are Stymied by Lawbreaking Library
Meet David Varlotta. He likes Orland Park Library a lot. An informed source told me this man has been seen by police on a regular basis on the computers at OPPL. He is unemployed and goes to OPPL “nearly every day.” Mary Weimar has been informed by police that he is not legally allowed to use the internet. The Library claims they disconnect the device he is on from the internet but they do not ask him to leave. Let me ask you a question. What might a sex offender be doing on a computer for hours on end without access to the internet? Knowing the Library lies about pretty much everything (and I have proof of that from the Illinois Attorney General) do we believe that they actually do cut off internet access to this man on a daily basis and yet he continues to return? What is he doing? Writing his memoirs in a Word doc? Why does Mary Weimar continue to allow a sex offender who committed aggravated sexual abuse against a minor child sit for hours in her building full of children? This is like putting a shark in a kiddie pool. We have FOIAd his record and will have his complete story soon. Stay tuned.
Back to the Policy OPPL-BoT Wrote to Block Me Personally
The updated policy sought to be implemented at the illegal meeting was designed to block me and me alone since I was the only person seeking to speak electronically. Current policy prohibits merely teleconferencing provided by the library. The updated policy seeks to include other means of communication, including Skype or FaceTime, provided by anyone. The policy used to exclude me states, “All public comments must be given in person. No telephone, video conferencing or other electronic means will be accommodated.”
OPPL-BoT, in its meeting after the illegal 12 February meeting, claims to have affirmed the policy it supposedly effectuated, but such policy is not yet in effect because legally it is impossible to affirm something found to be void ab initio. But OPPL-BoT wants people to think the policy is in effect, despite the law, despite how it discriminates against the disabled since they must only participate in person, so it just acts like the policy is in place.
Again, OPPL-BoT Ignores the Illinois Attorney General
The Lack of Public Recital Tossed Aside While Kevin DuJan Gets Threatened with Arrest
Library Silences Critics with Illegal Policy
Setting aside that the library is supporting Internet pornography as free speech when that is not true in libraries, and stifling free speech when anyone reveals the library is acting outside the law by allowing pornography including child pornography, the new policy language OPPL wants people to think is in place appears to represent a clear violation of OMA and ADA. If that policy ever does get properly adopted by OPPL-BoT, it will represent a codification of a violation of OMA, and I or others will seek another Request for Review from the Attorney General. I am certain you cannot simply write library policy that abrogates state law such as OMA.
The Specific Instance That Violates OMA
Megan Fox Files Request for Review About OPPL-BoT Blocking Me
OPPL-BoT Evidences an Intention to Defy the Law
That evidences an intention to continue to defy the law and shows absolutely no respect for the Illinois Attorney General. Such an intention indicates the crime of child pornography in the library will continue to go unpunished and unabated. This is a major consequence of a library acting outside the law.
OPPL-BoT Purposefully and Knowingly Defies the Law to Protect the ALA
Behind the scenes, the real power play at issue here is that the American Library Association cannot afford to allow a plum like the OPPL to shut off the child porn access, since the ALA is based in Chicago and fears losing control of another public facility. Currently, the ALA in effect controls the OPPL, via the OPPL’s Director Mary Weimar (who is a committed acolyte of the ALA). If the OPPL Board of Trustees voted against the ALA and stopped allowing itself to be an access point to child pornography this would be a clear repudiation of the ALA’s “guidelines” for libraries…and would diminish the ALA’s clout.
The fear in the ALA’s offices is that if the OPPL votes to block the child porn then other libraries in Chicago could follow…and if that happens then the ALA’s entire house of cards could tumble.
This is why every effort imaginable is now being undertaken by the OPPL’s Board of Trustees to violate the OMA and FOIA in our State to thwart the public’s demand that child porn be permanently blocked in this Library.
Not Even the Appearance of Compliance with the Attorney General is Present
A Third Library Patron Speaks Up for My Free Speech But OPPL-BoT Turns a Deaf Ear
Request for Review of Government Censorship and Law Defiance
It would be worthwhile to consider at the same time whether the new policy language, were it to be properly effectuated, would also represent a violation of OMA. I understand that since the policy is not yet legally in effect, the issue might not be ripe for review. Nevertheless, OPPL-BoT acts as if the policy is in effect, and it will certainly place it into effect eventually, so that may make it valuable to make it clear to OPPL-BoT that such a policy of blocking electronic participation would violate OMA.
The Village of Orland Park Has the Right and Duty to Step In or It May Face Liability
ALA Targeting Me By Name May Be Why OPPL-BoT Repeatedly Silences Me
On 7 November 2013, ALA sent an email asking if I would be present at its librarian training featuring OPPL personnel because, if so, it would have to change its message: “IF Dan Kleinman or some of our detractors attend, we will need to change our content.” See the full email published at “Illinois Attorney General Update Evidencing Orland Park Public Library's Defiance of the Open Meetings Act; Arrests Possible” ( http://safelibraries.blogspot.com/2014/05/NewEvidence.html ).
Now I know why OPPL-BoT has written policy expressly to deny my public comment. I was targeted by the ALA over a month before I had attempted to speak at any OPPL-BoT meeting. So now I’m targeted by OPPL-BoT for silence. The targeting is evidenced by, among other things, a refusal to follow policy that allows my public comment, the drafting of new policy that specifically targets me, the supposed adoption of the policy during an illegal meeting held during a holiday, and the overbreadth of the policy such that it may violate ADA as well as OMA. As a result my public comment has been suppressed again and again in violation of OMA and is likely to continue to be suppressed without intervention from the Attorney General. And even then, OPPL-BoT has shown no proclivity to follow the Attorney General’s determinations/opinions.
Attorney General Intervention is Needed to Stop the Lawbreaking
Dan Kleinman, Library Watchdog
The above was submitted today, sans the graphics and captions.
More about this very incident of OPPL-BoT committing another Class C Misdemeanor crime by censoring me, besides what's provided by Kevin DuJan (link) and Megan Fox (link) as discussed above, is available here:
- "Klein, Thorpe, & Jenkins: Orland Park Public Library Fight – Part 5," by Jim Kraft, Illinois Leaks, Edgar County Watchdogs, 28 May 2014.
NOTE ADDED 10 JUNE 2014:
THE ILLINOIS ATTORNEY GENERAL HAS LAUNCHED INVESTIGATIONS INTO THE ABOVE MATTER:
- "Two More Letters Opening Investigations Into the Wrongdoings of the OPPL-BoT; This One is Really Interesting Because It Involves the Library From Prohibiting Dan Kleinman From Speaking," by Megan Fox, Fans of Megan Fox, 9 June 2014.
- "Illinois Attorney General Launches Investigation Into Public Library Censoring Me In Violation of Law," by Dan Kleinman, SafeLibraries, 10 June 2014.
URL of this page: safelibraries.blogspot.com/2014/05/LibraryCensorship.html
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