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Saturday, March 23, 2024

Freedom to Read Act Sets NJASL as Overseer of NJ School Boards, NJASL Lies on One On One With Steve Adubato, and ALA Astroturfs for NJASL

The Freedom to Read Act by the American Library Association [ALA] in Chicago, Illinois, is sweeping America.  In New Jersey, S2421 (and A3446) will codify the Chicago organization's aspirational creed as NJ law.  Section 4(a) requires "model [school library curation] policy established by the Commissioner of Education" and section 4(b) requires "the commissioner shall consult with the State Librarian and the New Jersey Association of School Librarians" [NJASL].  So the required model policy for schools requires the model policy be written by NJASL.  Problem?  The president of NJASL was interviewed 4/11/2023 by the well-respected One On One With Steve Adubato and lied her way though.  As a result, the S2421 model policy will be based on the lies of a partisan organization parroting the words of a Chicago organization, and NJ school children will be directly harmed.  The Freedom to Read Act (aka Right to Read Act, Libraries For All Act) is fatally flawed and should never become New Jersey law.  Further, NJASL is directly supported by ALA which is astroturfing in New Jersey to pass this law that this group in Chicago wants, and NJASL with its lying president is essentially made the overseer of school boards by the Freedom to Read Act.  One hand washes the other—to take away parental rights and harm school children.




Below is a transcript of the lies made by NJASL President Ewa Dziedzic-Elliot.  She has several main points.  Each one sounds legitimate but each is intentionally misleading, sometimes to the point of simply being false.  
  1. As trained professionals, librarians are in the best position to help everyone, Ewa says.  They have teaching certificates and librarian certificates so they are "dually certified."  Sounds good, but she leaves out A.) ALA requires MLIS degrees to "infuse concepts of Equity, Diversity, and Inclusion throughout the standards."  See: https://safelibraries.blogspot.com/2024/03/mlis-degrees-are-woke.html.  B.) She also leaves out that ALA bragged to the Biden administration how librarians are better than teachers at indoctrinating school students because they have the children for years whereas the teachers have them for only a class.  See: (citation will be added when I recall where I put it).  C.) She also leaves out "the library and information services profession's commitment to racial and social justice ... diversity and inclusion as one of the profession's core values."  See: https://www.ala.org/news/member-news/2021/07/ala-adopts-new-code-ethics-principle-racial-and-social-justice  So yes, they are trained, but librarianship is a job, not a profession, and the training requires diversity, equity, and inclusion in all topics, and we all know what DEI really means.  D.) She also leaves out that ALA policy is all material for all ages: "Library policies and procedures that effectively deny minors equal and equitable access to all library resources available to other users violate the Library Bill of Rights. The American Library Association opposes all attempts to restrict access to library services, materials, and facilities based on the age of library users."  See: https://www.ala.org/advocacy/intfreedom/minors.  So the NJASL leader tells you librarians are trained but leaves out they are trained to provide any material at any age.  Does this match the community standards of New Jersey parents?  Is this common sense?  Is there a reason parental rights should be overturned in NJ to assuage the feelings of people from Chicago who think children should get anything at any age?  E.) And that "task force" NJASL created?  It's to "force" parents and legislators to cede control of NJ school and children to a politically-motivated outside organization from Chicago, IL.  That's the task force.  Any parents who step out of line are gang rushed, like the parents intimidated from even attending a public meeting about the issue they raised in Glen Ridge, NJ.  I was the only person who spoke in favor of those parents, and even afterwards the NJ ACLU decided to deride me for doing so.  That's the effect of the "task force" about which she brags that bully parents so much they fear even attending open public meetings.
  2. "We d- don't come up with these recommendations and with the- these books out of thin air."  False.  School policies substantially match the model policies made up in Chicago, IL.  This whole Freedom to Read Act S2421 is essentially a giant recommendation from Chicago, IL.  It even replaced a previous attempt called the Right to Read Act that specifically named ALA's "Library Bill of Rights" and required that it become NJ law.  That got shot down and reformed as the Freedom to Read Act, only the explicit inclusion of the "Library Bill of Rights" was excluded.  But the ideas are all the same in the new act, just without the explicit reference, and with more teeth.  And books out of thin air?  Gender Queer was a book written for adults and sales lagged for two years until ALA found it and gave it two awards, including one specifically for kids.  Now it's in nearly every school, as if summoned out of thin air.  No, actually, ALA creates lists of books like this or gives them awards and all those books go right into the schools because everyone trusts librarians, and all from ALA in Chicago, IL, about which the NJASL leader acts innocent and claims librarians are only responding to NJ educational requirements.  Super deceptive.
  3. "[O]ur biggest problem here right now is that a lot of school districts are not following their school policies and are not following the state standards and laws."  Okay, perhaps.  So if that's the problem, why is there a need for a law to force a school board to accept a policy it's not going to follow anyway?  Because S2421 A3446 is a giant power grab, that's why.  They are grabbing the power from New Jersey parents, giving it to Illinois librarians who "oppose[] all attempts to restrict access to library services, materials, and facilities based on the age of library users," then getting NJ legislators to pass it into NJ law.  And into law in state after state as ALA tries to push this nationwide.
  4. Ewa then digs into her biggest lie of all: that no parents should have the right to control what the children of other parents are reading.  And we hear books are "lifesaving" for that one special kid so all the kids have to read the "lifesaving" books.  "Lifesaving," you know, like Gender Queer and its guidance to see kink dot com, you know, that kind of "lifesaving," and all kids have to read that.  Can you see why this is so deceptive?  Can you see the huge lie?  It sounds so good.  It sounds correct.  Of course no parent should tell another parent what his child should or should not read.  Of course.  Only that's not the issue.  The issue is not parents dictating what books other families should allow their kids.  Not once has a parent ever removed a single book from a school library, short of theft.  The reality is parents have the right under the First Amendment to bring concerns to the government, in this case the school board, then it's the school board that makes the decisions, not the parents.  So arguing, "I would say to those parents, if you are not comfortable for your child to read that, you have the right to do it, but you cannot make this decision for all of the children," sounds great but it is intentionally false.  It is a well-honed lie to mislead people.  And the "lifesaving" lie is the icing on the cake.  We are supposed to think all children should be exposed to inappropriate material that could be removed under the law just so one super troubled youth might read something that maybe makes him feel a little better about himself.  Fine.  That's what public libraries are for.  School libraries are not public libraries.  School libraries are not for anything-goes, especially simply because the anything-goes people from Chicago, IL, organize "task forces" to intimidate people into allowing their children to be exposed to harm and to intimidate legislators into making it law.
  5. Another lie the NJASL leader pushes is how data shows school librarians "increase all kinds of state sc- uh s- scores in, in all state standards."  Scores are dropping everywhere as DEI gets pressed into every subject.  Math proficiency in Chicago, for example, is 0% in all classes.  The kids are experts on pronouns, microaggressions, and white supremacy, but reading, science, and mathematics scores are falling off a cliff nationwide—at the same time ALA is making DEI one of its "core values."  So librarians are not "increas[ing] all kinds of state sc- uh s- scores in, in all state standards."  Just the opposite.  And there's the Freedom to Read Act praising librarians: "school library media specialists and librarians are trained to curate and develop collections."  No, they are not.  They are trained to follow Chicago ALA's orders: "The American Library Association opposes all attempts to restrict access to library services, materials, and facilities based on the age of library users."  This is precisely why schools are awash with inappropriate material, why parents oppose this, why Chicago's ALA wants New Jersey legislators to pass into law Chicago's rules, and why the NJASL leader is flat out lying in a deceptive way that sounds good but it really hiding the real goal.
Now, given the above, go read and/or listen to this interview of the NJASL President.  At least the public is starting to wake up to the lies, as shown with this tweet by @WakeUpNJ below.  The question is, will NJ legislators wake up in time?


By the way, ALA itself has started to directly apply pressure by tweeting out, via its @EveryLibrary de facto subgroup, a call to "support the Freedom to Read Act, which protects children's access to books and defends educators from harassment."  It really protects Chicago ALA's "oppos[ition to] all attempts to restrict access to library services, materials, and facilities based on the age of library users," and "defends educators" from parents who oppose the elimination of age from school book selection policy.  In other words, the Freedom to Read Act opposes common sense, community standards, and the law.


Notice too an astroturfing website created and maintained by ALA to "SEND AN EMAIL: Ask Your NJ State Legislators to Co-Sponsor Freedom to Read Legislation."  See: https://www.saveschoollibrarians.org/njaslbookbans:

Help the New Jersey Association of School Librarians (NJASL) to put an end to book bans in schools and public libraries by contacting your New Jersey Assembly Member and state Senator and asking them to co-sponsor Sen. Zwicker's Freedom to Read bill.  ....  Please join the New Jersey Association of School Librarians (NJASL) and SWEEP NJ to send a message to the Assembly and Senate Leadership that New Jersey should protect the Freedom to Read. 

Do you see what just happened here?  Do you see it?  Think before reading on.

Look at that website again:

https://www.saveschoollibrarians.org/njaslbookbans

Look at that quote again:

Help the New Jersey Association of School Librarians (NJASL) to put an end to book bans in schools and public libraries by contacting your New Jersey Assembly Member and state Senator and asking them to co-sponsor Sen. Zwicker's Freedom to Read bill.  ....  Please join the New Jersey Association of School Librarians (NJASL) and SWEEP NJ to send a message to the Assembly and Senate Leadership that New Jersey should protect the Freedom to Read. 

Look at NJ S2421 2024 again:

4(b): “the commissioner shall consult with the State Librarian and the New Jersey Association of School Librarians….”
The NJASL is to be made by law the drafter of the model policy for school boards.  Yet NJASL is supported directly by Chicago's ALA (therefore by its de facto subgroup EveryLibrary also based in Chicago), the drafter of the legislation.  The legislation was written by ALA, for ALA, and power comes from within the ALA, only delegated to NJASL.  New Jersey families are cut out.  Is there any chance at all that the New Jersey law will not be what the Chicago librarian group wants and New Jersey citizens don't want?  Zero.




ALA even does direct manipulation of the New Jersey legislators themselves!!  At that website it urges people to write directly to their legislators to say the following, even provides a web form to make this easy:

I am writing to ask you to co-sponsor the New Jersey "Freedom to Read" bill, S2421 and A3446, sponsored by Senator Andrew Zwicker, Senator Teresa Ruiz, and Assemblywoman Mitchelle Drulis. It is a comprehensive, affirmative bill that would protect the right to read in public libraries and school libraries across New Jersey. Censorship is on the rise in our state, and the freedom to read is under threat across the country. The time to act is now. Please co-sponsor this important legislation and preserve the right to read for every resident of our state.

At the hearings for this legislation, listen if any of the legislators mention all the emails they got in support of the legislation.  Now you know they are astroturfed by ALA with full knowledge and support of NJASL.  The fix is in.

What we have here is a law Chicago's ALA wants nationwide, here in NJ as S2421, and Chicago's ALA showing NJASL will do exactly what ALA wants, openly supporting NJASL, even putting NJASL directly into the astroturf letter writing website URL www.SaveSchoolLibrarians.org/njaslbookbans, and ALA getting directly involved in astroturfing the public to pressure the legislators (and paying for all the support and infrastructure that goes into designing, building, and maintaining that site), AND ALL TO ENSURE SCHOOL CHILDREN REMAIN EXPOSED TO THE VERY HARM ABOUT WHICH NEW JERSEY PARENTS ARE COMPLAINING AND THAT'S LEGAL TO REMOVE FROM SCHOOL LIBRARIES.

I have warned about this before:


And here is EveryLibrary acting for ALA, and using its power to astroturf as detailed above to push for bad legislation in New Jersey that will harm children and deny parents rights:


The Freedom to Read Act requires NJASL to set model policy for New Jersey school boards.  After watching the NJASL president lie and lie throughout an entire interview, and after seeing ALA directly promoting NJASL in an astroturfed letter writing campaign, it is apparent that the model policy written by NJASL will exactly match the policies of Chicago's ALA, namely, "The American Library Association opposes all attempts to restrict access to library services, materials, and facilities based on the age of library users."  

If New Jersey legislators do not stop this Freedom to Read Act from Chicago becoming law in New Jersey, our children will directly suffer, and there will be nothing any parent can do about it because it will be the law.  There will need to be a massive effort and lawsuit to strike down the law under the First Amendment, the New Jersey Constitution, and other laws.  Let's hope the legislature has the sense to stop it now.  Detailed information about the laws overstepped by the Freedom to Read Act are here: https://worldlibraryassociation.org/right-to-read-act/.

Finally, here is the transcript, now better understood in light of the above:



Steve Adubato:
All right, folks. My colleague, Jacqui Tricarico, joined me down in Atlantic City for the New Jersey Education Association convention, and Jacqui sat down with Ewa Elliot, who is the president of the New Jersey Association of School Librarians, to talk about a whole range of important issues affecting school librarians and students in our public schools who rely on those libraries. Here's Jacqui.

Jacqui Tricarico:
Joining me now is Ewa Dziedzic-Elliot, who is the president of the u- New Jersey Association of School Librarians, has over 10 years experience as a school librarian, um, and is here today at the NJEA Convention. Thank you so much for taking the time to speak with us.

Ewa Dziedzic-Elliot:
Thank you for having me here today.

Jacqui Tricarico:
So, let's describe the Association of School Librarians. What is that in, here in New Jersey?

Ewa Dziedzic-Elliot:
Um, we are NJEA members, um, and, um, what we do is we provide professional development and support for school librarians across the state of New Jersey. Uh, what that means is that, um, if the school district, let's say, is writing new curriculum, or if they are hiring a new librarian and that li- librarian needs additional training, we're able to provide that training, we're, uh, able to provide that professional development, we're able to provide mentorship. Um, but also, in the light of the latest book challenges, we are cr- we have created a task force, and that task force is able to provide resources, uh, to support school districts, school administrators, school board members, and the school librarians across the state of New Jersey.

Jacqui Tricarico:
Well, let's talk a little bit about that. We're hearing that word "book banning," that term a lot now in the media. What does that mean for a school librarian, the role that they play, in terms of book banning, or, or specific issues that community members, parents, caregivers, um, bring up about the books that are being presented on the shelves in the libraries of our st- of our schools?

Ewa Dziedzic-Elliot:
This is actually very complex problem, and I think that at the core of it is something that, um, shows a very negative impact on our librarianship as a profession, um, because we... As school librarians, we have teaching certifications, and on top of that, we have library certifications, so we are dually certified. And here, we have, um, community members coming to our libraries and saying that we don't know what we're doing, and we are specialists in the field. We are trained to provide expertise and proper materials for our school libraries, and this is something that we have to remember.

School librarians' materials are supplementary materials, and they support state standards, so anything and everything that we provide in our libraries is to support already existing policies and curricula and state standards. We d- don't come up with these recommendations and with the- these books out of thin air. If there is a certain book in a library, that, um, book was purchased keeping in mind that we have to provide some level of support for classroom, or for some kind of lesson plan. So it's, it's a well-thought-out process.

Um, when it comes to book banning, it's, again, very, very complex issues, but, um, it's greatly under-reported, and our biggest problem here right now is that a lot of school districts are not following their school policies and are not following the state standards and laws. So the issue is very under-reported. We, as association, receive information from our members, um, that school administrators or school board members come into the library space and make requests to remove something out of fear of potential book challenge. Um, that's sweeping the problem under the rug, so-

Jacqui Tricarico:
Well, yeah, and playing devil's advocate a little bit, what do you say in terms of parents who say let's leave it up to the parents to decide if these books that, you know, are causing these issues, um, or that are coming up in a lot of these school board meetings as books that should be taken off the shelves, leave it up to the parents to make that decision if the kids can have access to them?

Ewa Dziedzic-Elliot:
I would say to those parents, if you are not comfortable for your child to read that, you have the right to do it, but you cannot make this decision for all of the children, because there are children out there who look forward to have these resources in their hands. They really need it. In some cases, um, seeing a protagonist struggling with the same problem that the chil- child or the student is struggling, it might be lifesaving, so I would say to those parents, if you are not comfortable having these conversations with your child, if you are not comfortable with your child to be exposed to certain subjects, you have right to do it, but, um, take care of it with your child. Don't put this on everybody else, because remember, if you are putting that pressure on yours or my child, another parent may do the same to your child. They may put something, um, that is not compliant with your belief system, so it, it's, it works both ways.

Jacqui Tricarico:
It's a, it's a challenging conversation, and, and things, that, so something that we're consistently hearing. Lastly, how important is the role of the school librarian? How important is it for us as a community, for parents, to support the librarians that are in our children's lives as part of their education?

Ewa Dziedzic-Elliot:
So, um, there is a lot of studies. Librarians love data (laughs). We love studies and data. Uh, there is a lot of studies that are showing that having a school librarian actually increases all kinds of state sc- uh s- scores in, in all state standards, um, if they are properly aligned. And what happens is, um, having a school librarian actually helps with literacy more than having early interventions, which basically means that, um, if you're talking about money, if you're talking about hiring someone, um, as a school administrator, you are better off hiring a skilled librarian with proper certifications, who can provide support for your child, for your student, uh, rather than even having, um, certain programs. Um, then on, on top of that, we are providing, um, all kinds of research, um, assistance. Our job changes from grade level to the grade level. Um, elementary school librarian has completely different job description than middle or high school. Elementary school librarian is more like a intervention teacher, um, for library literacy, skill liter- a l- skill reading literacies, and then middle and high school is more college prep oriented.

Um, we are the only people in school buildings who actually work with everyone who knows the curricula and lesson plans across the board. We are prepared, and ready, and trained to work with absolutely any department in the building. I can provide assistance to art teacher. I can provide assistance to science teachers, to math, uh, English, social studies, because I'm trained to do it. We are the only people in the building who can also provide IT s- uh, IT help. So, we are very diverse in that.

Jacqui Tricarico:
Yeah. Ewa, thank you so much for giving us some more insight into the challenges right now facing school librarians and just how important that role is in our children's lives. Thank you so much.

Ewa Dziedzic-Elliot:
Thank you.

Announcer:
One on One with Steve Adubato has been a production of the Caucus Educational Corporation. Funding has been provided by Holy Name, New Jersey Sharing Network, the Russell Berrie Foundation, Valley Bank, PSE&G, The Fidelco Group, the Port Authority of New York and New Jersey, The Healthcare Foundation of New Jersey, and by the New Jersey Education Association. Promotional support provided by the New Jersey Business and Industry Association and by AM970 The Answer.



Source of transcript: 

Tuesday, March 19, 2024

The Prattville Putsch: ALA's Praxis of its Policies

American Library Association is putting its policies into play, aka praxis, in a putsch in Prattville that perfectly presents its policies.  I have previously proven how ALA astroturfs locals to act on ALA's behalf.  See, "ALA Details Bribes to Convince Governments to Sell Out Children."  Now I am going to show you the praxis of their policies to proactively push its way into Prattville in what is essentially a putsch or a secretly plotted and suddenly executed attempt to overthrow a government, in this case the Autauga-Prattville Library Board in Prattville, AL.

Basically, the library board changed policies to be more protective of children.  That right there set off alarm bells with the people who have worked for over half a century to s3xualize and indoctrinate children, namely, ALA from Chicago, IL.  The library director, who carries out those policies, refused to carry out the library board's new policies because he believed the Chicago ALA's policies were far superior to Prattville's policies.  So the library board fired the library director.  Librarians, trained in ALA ideology and methods of wielding collective power as ALA's president bragged, reacted by locking the library doors so the public could not access the library.  Some of those librarians were fired too.

ALA swung into action immediately to pressure the local community.  The next day it published, "Statement from the EveryLibrary Institute on the Firing of Autauga-Prattville Alabama Public Library Staff" (https://www.everylibraryinstitute.org/prattvillestatement).  Recall from above EveryLibrary is the American Library Association, only a separate entity was set up to give ALA the cover it needs to bring political pressure to bear on communities.  Notice ALA itself rarely makes a statement about what's going on since it's got its EveryLibrary doing the work.  The "statement from the EveryLibrary Institute" is one lie after the next, a constant feature of ALA/EveryLibrary publications.

Then come the demands:
EveryLibrary, along with Read Freely Alabama and the Prattville First Amendment Defense Group, urgently call on the Prattville City Council, Mayor, and the Autauga County Commission to:
  • Immediately rescind the firing of Library Director Andrew Foster and the four staff members.
  • End the discriminatory policies against LGBTQ+ citizens, ensuring the library remains accessible for all.
  • Adhere to the First Amendment and anti-discrimination laws, guaranteeing that the library can continue to serve as a true community institution.

EveryLibrary is ALA.  ALA wants Prattville to keep the ALA policies in place, and it's big and bullying is a regular feature, so it's making demands.

Read Freely Alabama is EveryLibrary which is ALA, and is named after the ALA trademark for "Free People Read Freely."  This group started making a bit of a paper trail when Alabama Governor Ivey and the state legislature started talking about divorcing from ALA, and when Prattville went off the rails and took its library board back.  Also, Read Freely Alabama is way too organized to be a normal, authentic grassroots group that just so happens to have a chapter in multiple areas where there's a library already formed.  And then you get into their "who we are" and it's mobilized just like anything else ALA does.  Someone is advising them, and it's probably library folk connected to the associations.  

This was a link to send comments by letter to an Alabama Public Library Service Board for what they are viewing as an attack on the right to read.  If you click the link, it mentions the Alabama Library Association is working WITH Read Freely Alabama.  Alabama Library Association wrote the talking points, and where do they get those from?  ALA most likely.  Read Freely Alabama prepared the fact sheet, but is using Alabama Library Association's amendments to the proposed rules.  Item 3 is the most significant one that ties to ALA.  As soon as Alabama made a move to cut the ALA ties, in walked EveryLibrary, and Read Freely Alabama was ALREADY in place and ready to mobilize.


Read Freely Alabama was also used to promote an ALA/EveryLibrary campaign effort to influence legislative efforts to keep their progressive library board members in place.  It looks like they use these efforts so regularly it either has a typo on the opt-in, or it's also asking out-of-staters to stay informed on those efforts too.  ALA librarians wouldn't stuff these campaigns with fake constituent letters, would they?  GASP?!😱  I know.  Shocked.  See: "SEND AN EMAIL: Say NO to SB10 in Alabama" (https://action.everylibrary.org/sb10)


There's another post that links to an ALA/EveryLibrary post that mentions Read Freely Alabama, PEN America, and the National Coalition on Censorship.  They are petitioning the people to appeal to the board to reverse their decision on book buying.  "Reverse Anti-LGBTQ+ Book Buying Policy in Prattville" (https://www.everylibrary.org/prattville_statement_feb24)

Then now, they just have EveryLibrary running the GoFundMe to raise funds directly for their fired library staff.  Why would they be doing that at all?  ALA/EveryLibrary is awfully busy to be in the business of fired employee donations.  Doesn't that seem odd?



Then there's this that makes the ALA/EveryLibrary/Read Freely Alabama connection super clear, from Kelly Jensen at Book Riot who calls parents "christofascists" and who works directly with ALA/EveryLibrary: "Editor’s Note: EveryLibrary is working with Read Freely Alabama to support the library.  You can sign the petition or donate to help cover staff living costs during this time of uncertainty."

But parent-hating Kelly does sum things up nicely, in that here is the policy the Library Board of Trustees passed that the American Library Association opposes, since the new policies turn The Chicago Way on its head and restore local control:

Among the new policies in the recent guide, which was not developed nor approved by the director are that:
  • Children under the age of 18 shall receive library cards that are especially designated for minors.  These cards will not permit the checkout of material with content containing, but not limited to, obscenity, sexual conduct, sexual intercourse, sexual orientation, gender identity, or gender discordance.  Age-appropriate materials concerning biology, human anatomy, or religion are exempt from this rule.
  • The library shall not purchase or otherwise acquire any material advertised for consumers ages 17 and under which contain content including, but not limited to, obscenity, sexual conduct, sexual intercourse, sexual orientation, gender identity, or gender discordance.  Age-appropriate materials concerning biology, human anatomy, or religion are exempt from this rule.
  • Library staff shall affix a red warning label prominently on the binding of any book or other material in the library’s collection containing content including, but not limited to, obscenity, sexual conduct, sexual intercourse, sexual orientation, gender identity, or gender discordance and advertised for consumers 18 and older.  Materials concerning biology, human anatomy, or religion are exempt from this rule.
  • The Library Board of Trustees reserves the right to exercise discretion over all library material, including but not limited to books, movies, artwork, displays, and programming.
  • Removes the requirement that patrons read an entire work before lodging a formal challenge.

Prattsville First Amendment Defense is another local group.  It is EveryLibrary which is ALA.  They have web sites on fightforthefirst.org and fundlibraries.org which are EveryLibrary which is ALA.  

In summary, ALA, ALA, and ALA is demanding ALA policies be followed instead of common sense, community standards, and the law that requires the library board run the library, not Chicago's ALA.  

So these various supposedly local groups are actually ALA groups, including more not in the ALA/EveryLibrary demand letter: 
  • "STOP Book Bans at Autauga-Prattville Public Library!" (https://www.fightforthefirst.org/petitions/stop-book-bans-at-autauga-prattville-public-library)
  • "Stand with the Autauga-Prattville Public Library" (https://www.fightforthefirst.org/petitions/stand-with-the-library)
  • "Read Freely Alabama" (https://www.fundlibraries.org/read-freely-alabama)
  • "Prattville First Amendment Defense Group" (https://www.fightforthefirst.org/groups/example-prattville-first-amendment-defense-group)
  • "Protect Prattville Library Staff and Patrons" (https://www.gofundme.com/f/protect-prattville-library-staff-and-patrons)
  • "SEND A MESSAGE: Amend the Rules to Keep Alabama Reading Freely!" (https://action.everylibrary.org/alabamareadfreely) This is about where the libraries have to get approval to spend money with the ALA, as pictured above.  Read Freely Alabama says they wrote the form letter, though.  Where there is a state library association, the ALA is not far behind.  ALA/EveryLibrary has a 1,000 letter goal by 4/29/2024, and they only accept letters.
So we have four locals groups in support of the fired employees and opposed to what the library board has done to protect children from harm, and every single one of them is created by, funded by, and maintained by ALA from Chicago, IL.


This proposed bill gives local municipalities the explicit power to fire and replace any library board member.  This power is not currently prohibited at a state level, but it is not explicitly stated either.  The bill also removes staggered terms for library board members, which would put them in line with the elected officials in the municipalities over them.  Republicans are also seeking to amend an anti-obscenity law in order to incarcerate dissenting librarians.

Hear from Dr. James Lindsay how what ALA is doing is praxis, or putting policies into action, to commit a putsch in Prattville, in an attempt to overthrow the library board members or its policies (https://youtube.com/clip/Ugkx7K1Po5rtcmpKo1eGdq02A6ZIviyaYrgF?feature=shared):


Hear from the Fired Librarian on how ALA will say and do anything to force its way (https://youtu.be/x5R1Jbp8rMU):


So that's what we have in Prattville.  A library board acting on behalf of the community, and ALA directly pushing The Chicago Way, even to the point of funding four local groups to appear local to try to force the board to do what ALA itself cannot, except if ALA can fool the library board and the community generally, and that's the main purpose for the four local groups and EveryLibrary and the demands they make.

And is Read Freely Alabama admitting to tax fraud or negative tax implications?  Hmmm, two GoFundMes were set up, so they rolled the one Read Freely Alabama started into the ALA/EveryLibrary one.  Not a chance this isn't astroturfed by ALA:



Look at the graphic top right from Read Freely Alabama and linking to ALA/EveryLibrary.  It says, "Don't Politicize Alabama Libraries!"  Well isn't that the biggest piece of projection you've ever seen?

Notice what someone on X named @EV_Trapper says (in response to That Librarian Amanda Jones supporting the library workers fired by the library board) and he does a really good job of encapsulating the situation, like "The Director messed up by not following what the Board told her to do," while @libraries4win illustrates the excuse making, like "The director refused to break the law by discriminating against a protected class, LGBTQ+ people" when that is not what was ordered by the board:

@EV_Trapper
I disagree Amanda, but hear me out. 

Nobody at the Library should be making any of these decisions for the public, nobody is an elected representative that can legislate.  I also think it's unfair to force Librarians or the workers to make these decisions. 

The Director messed up by not following what the Board told her to do.  The Library workers though should never work in another library or public anything ever again, I can't think of anything more selfish.  I use the library every week & to think that they would stoop so low to lock the library & prevent it's use by people who have nothing to do with their issue is outrageous.
9:19 AM · Mar 17, 2024

@libraries4win
(1) The library board wrote a policy without director input.  They can do that, but it's not advisable, as the director is aware of any legal pitfalls.  They ignored him, but lied and said he signed onto the policy.  (2) The director refused to break the law by discriminating...
2:44 PM · Mar 17, 2024

@libraries4win
...against a protected class, LGBTQ+ people.  (3) While the staff can't make the decision to close (and it was their decision), can you imagine them trying to carry on after the unjust dismissal of their director?  I'd give them grace on that one, as did the people who applauded.
3:01 PM · Mar 17, 2024

@EV_Trapper
The Director is not responsible for being aware of "legal pitfalls".  This is what lawyers are for.  Again, the Director has a mistaken belief that they understand the law, or that they are the the upholders of all things legal.  That portion is not on the Director or the staff & never should be. 

There are obvious exceptions here, but no Library staff anywhere should ever inject themselves into the center of this.  Raise concerns, write down things that make you uncomfortable because of x,y or z, but dont try to assume the role of a Representative or Senator. 

Just put the shoe on the other foot.  If the library Director could solely make all the decisions on this issue, what might a hardcore Republican do?  This is the slippery slope that must be avoided or else we will go into a never ending peril of book bans by both sides.  My personal opinion is that this issue rests solely on the people or their elected representatives.  Its the only way to do it that prevents an unworkable situation.  We govern by majority, not minority & while we do what we can for the minority the feelings & wants of the majority must be respected.
3:18 PM · Mar 17, 2024

What is happening in the Prattville community now is a direct result of community organizing and the wielding of power planned by ALA and based in Chicago, Illinois.  Solidarity!



Just to make this all super crystal, Emily Drabinski @edrabinski, President of ALA, retweeted a post by American Booksellers for Free Expression (ABFE) @ABFEBooksellers detailing Angie Hayden of Read Freely Alabama @readfreelyAL and linking to "Free Expression Friday: Read Freely Alabama (Angie Hayden)https://bookweb.org/news/free-expression-friday-read-freely-alabama-angie-hayden-1630390.  Therein appear multiple incidents of the direct connection to American Library Association resources, hyperlinks in original, both on or made with ALA resources, and even the statement that the "assistance fund" is "created by EveryLibrary Institute NFP," which is a de facto ALA resource as explained above: 

If you are a Prattville or Autauga resident, we urge you to voice concerns and frustration through this online “Save our Library” petition [https://action.everylibrary.org/save_prattville_protect_staff?fbclid=IwAR383g_KHWcYM-InOk1bT8x9o4jy15mk678viP7NaRV6aeJNdG_r9Wy8FLk]. If you would like to join us in supporting all these amazing individuals, you can donate to an assistance fund [https://www.gofundme.com/f/protect-prattville-library-staff-and-patrons] created by EveryLibrary Institute NFP.’
Angie Hayden herself chimes in to add the icing on the cake, stating Read Freely Alabama is fundraising using another ALA-sourced website, fundlibraries.org:  "We are also fundraising": https://www.fundlibraries.org/read-freely-alabama.  

And she calls that "our little grassroots effort."  There are three websites right there all directly tied to the American Library Association but she's got a "little grassroots effort."  It's a 100% complete deception.  

And she refers to the parents seeking to have local law apply in the library instead of The Chicago Way as "extremists," the very same word used by ALA itself: "But this library issue is something that spans all political beliefs, all faith backgrounds, except for the extremists."  And now you know why the ALA President retweeted that ABFE post with the multiple ALA resources backing Read Freely Alabama's "little grassroots effort."

When local groups created by ALA are called out for being Chicago-sourced astroturf, they deny it then mock me for saying so, as @TXFreedomRead has just done on X with a ton of laughing emojis, with none other than ALA's EveryLibrary and their benefactor piling on, calling me a willful idiot for standing in opposition to ALA deceptively pushing its way into communities and thereby onto children nationwide—so I'm clearly over the target:


Meanwhile the ALA's astroturfed organization in Texas explicitly thanks ALA's EveryLibrary that's "proud to support the Texas Freedom to Read Project," even says it "can't happen without support from friends like @EveryLibrary."  Exactly.  Bingo:



Even author Ellen Hopkins @EllenHopkinsLit piled on to mock me as crazy for saying @TXFreedomRead was created/supported by ALA:


These are the games played by "local" groups astroturfed by ALA.  Read Freely Alabama is one such group with its "little grassroots effort" claim.  It's just a local version of ALA, right down to the ALA resources needed, and it "can't happen without support from friends like @EveryLibrary."

The library board and the local government should stick together and don't let The Chicago Way win.  That's the Prattville Putsch: ALA's Praxis of its Policies.  Don't let local citizens be drowned out by multiple ALA paid and astroturfed players, one even named after an ALA trademark, who have zero interest in the community's children but are trained to nearly instantly stand up opposition to common sense, community standards, and the law.  Don't let ALA's Prattville Putsch be successful.

Monday, March 18, 2024

Moms Countersue School Librarian Roxana Caivano

COYLE & MORRIS LLP
201 Littleton Road, Suite 210
Morris Plains, NJ 07950
(973) 370-0592
jcoyle@coylemorris.com
John D. Coyle 029632001
Attorneys for Defendants
Christina S. Balestriere and Kristen Cobo

__________________________________________
ROXANA M. RUSSO CAIVANO, 
     Plaintiff,

v.

THOMAS SERETIS, CHRISTINA
SCARBROUGH BALESTRIERE, KRISTEN
COBO, AND KATRINA ALBO, and/or 
JOHN DOE 1-5 (fictitious names), JANE DOE 
1-5 (fictitious names),

     Defendants, 

CHRISTINA SCARBROUGH 
BALESTRIERE and KRISTEN COBO,

     Third-Party Plaintiffs,

v.

ANTHONY P. CAIVANO,

     Third-Party Defendant.
__________________________________________


SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MORRIS COUNTY

Docket No.: MRS-L-485-23 
Civil Action

ANSWER, COUNTER-CLAIM, THIRD-PARTY COMPLAINT, DEMAND FOR DISCOVERY, and JURY DEMAND


Christina S. Balestriere (“Christina”) and Kristen Cobo (“Kristen”), by way of Answer to the Complaint of Roxana M. Russo Caivano, say:

FIRST COUNT

1. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

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2. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

3. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

4. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

5. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

6. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

7. Denied.

8. Christina and Kristen lack knowledge or information sufficient to form a belief as
to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

9. Denied.

10. Denied.

11. Denied.

12. Christina and Kristen lack knowledge or information sufficient to form a belief as
to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs. 

13. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

SECOND COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

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2. Denied.

3. Denied.

4. Denied.

5. Denied.

6. Denied.

7. Denied.

8. Denied.

9. Denied.

THIRD COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

2. Denied.

3. Denied.

4. Denied.

5. Denied.

6. Denied.

FOURTH COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

2. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

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3. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

4. Christina and Kristen lack knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in this paragraph and leave Plaintiff to her proofs.

FIFTH COUNT

1. Christina and Kristen repeat and reallege their responses to the foregoing paragraphs as if fully set forth herein.

2. Denied.

3. Denied.

4. Denied.


AFFIRMATIVE DEFENSES

First. Plaintiff’s Complaint fails to state a claim upon which relief can be granted.

Second. Christina and Kristen assert their First Amendment right to freedom of speech regarding their opinions.

Third. Christina and Kristen assert their First Amendment right to petition the government for redress and the legal protections of their statements made pursuant thereto. 

Fourth. Christina and Kristen deny that any statements made were defamatory.

Fifth. Christina and Kristen are protected by the Fair Reporting Privilege.

Sixth. The statements made by Christina and Kristen were true and thus, not defamatory.

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Seventh. The statements made by Christina and Kristen were substantially true, and thus, not defamatory.

Eighth. The statements made by Christina and Kristen were opinion, and thus, not defamatory.

Ninth. The statements made by Christina and Kristen are protected by qualified privileges.

Tenth. The statements made by Christina and Kristen were made in good faith. 

Eleventh. Plaintiff was not damaged by the statements made by Christina and Kristen. 

Twelfth. Plaintiff has received elevated status and not suffered any harm as a result of the statements from Christina and Kristen. https://youtu.be/i4pgUgEn99Y





Thirteenth. Plaintiff is not entitled to punitive damages under the claims asserted here. 

Fourteenth. Plaintiff was a public figure and thus, the statements made by Christina and Kristen are not actionable.

Fifteenth. Plaintiff was a limited purpose public figure, and thus, the statements made by Christina and Kristen are not actionable.

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Sixteenth. The statements made by Christina and Kristen were made regarding a legitimate public concern.

Seventeenth. The statements made by Christina and Kristen were not made with actual malice.

Eighteenth. The statements made by Christina and Kristen were not made with reckless disregard for whether they were true or false.

     WHEREFORE HAVING FULLY ANSWERED, DEFENDANTS CHRISTINA. S. BALESTRIERE AND KRISTEN COBO DEMAND THAT THE COMPLAINT BE DISMISSED AGAINST THEM WITH AN AWARD OF COSTS AND FEES.


JURY DEMAND

Christina and Kristen demand a trial by jury on all issues involved herein.


TRIAL COUNSEL DESIGNATION

Pursuant to Rule 4:25-4, John D. Coyle, Esq. is hereby designated as trial counsel in the within matter on behalf of responding defendants.


RULE 4:5-1 CERTIFICATION

I hereby certify that the matter in controversy is not the subject of any other action pending in any other Court or of a pending arbitration proceeding, nor is it contemplated that the matter in controversy will be the subject of any other action or arbitration proceeding. I further certify that I am not presently aware of the identity of any other party whose joinder is required by law.

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RULE 1:38-7 CERTIFICATION

I hereby certify that all confidential personal identifiers have been redacted and that subsequent papers submitted to the court will not contain confidential personal identifiers in accordance with the provisions of this rule.


COUNTER_CLAIM AND THIRD-PARTY CLAIM

Defendants/Counter-Claimants/Third-Party Plaintiffs Christina S. Balestriere and Kristen Cobo, by way of Counter-Claim against Plaintiff, and Third-Party Complaint against Anthony Caivano, hereby state:

1. Plaintiff Christina S. Balestriere grew up in West Orange, NJ and graduated from Mount Saint Dominic Academy. She went on to receive her Bachelor’s Degree in Psychology from Drew University and eventually her Certificate of Eligibility with Advanced Standing for Teacher of Students with Disabilities from The College of Saint Elizabeth.

2. A former Catholic school Physical Education teacher and most recently a public school Special Education teacher, Christina moved with her family to Roxbury in 2014 and chose to stay home and raise her 3 young children. She is a member of St. Therese Church and an active member of the community with her children involved in multiple sports and activities.

3. Having 3 boys moving up through the public school system and having been an educator herself, Christina understands the importance of being involved in her children's education both present and future.

4. Plaintiff Kristen Cobo moved to Roxbury at age 6 and attended Roxbury schools from 1st grade, ultimately graduating from Roxbury High School in 2003. She went on to receive her Bachelor of Social Work degree at Ramapo College, receiving advanced standing in her major.

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Kristen then attended Fordham University and received her Masters of Social Work degree with a specialization in children and families in just one year.

5. Kristen went on to receive her LCSW(Licensed Clinical Social Worker) and beyond that, a certificate in clinical supervision which enables her to supervise and train new therapists; a requirement prior to becoming licensed. She has worked in the mental health field for 18 years and has seen the detriments of adults who are unable to put the safety and wellbeing of children first. Kristen worked at St. Clare’s Children’s Crisis Unit, High Focus Centers Children’s Psych, and for Effective School solutions for 9 years at which time she was a direct clinician and ultimately a Regional Clinical Director overseeing the intensive clinical mental health services being provided to the most at risk students in school districts all over NJ.

6. She currently has her own private practice which she opened in 2022. In 2022, Kristen was appointed by the Roxbury school principal to her children’s school crisis response team, a volunteer position. She has been an active member at St. Therese RC Church in Succasunna for the last 31 years, attending church every Sunday with her family. Kristen currently resides with her husband of 10 years and two children. Kristen enjoys volunteering in the many activities in which her children participate, including Girls Scouts of America, CCD, coaching little league baseball and many other activities at her children’s school.

7. In or around August of 2022, Christina and Kristen became aware of three books that were in the Roxbury Public School library which is used by students as young as age 13.

8. Subsequently, Christina and Kristen learned that the books, “This Book is Gay,” “Lawn Boy,” “Gender Queer,” “Fun House,” and “All Boys Aren’t Blue” were in the library.

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9. Christina and Kristen contacted Roxbury School Superintendent, Dr. Radulic, to advise her of the presence of these books as well as the explicitly sexually explicit illustrations in said books.

10. Dr. Radulic advised Defendants to contact the school librarian, Plaintiff Roxana Caivano, to raise their concerns.

11. On August 29th 2022, Dr. Loretta Radulic emailed Roxana Caivano explicitly requesting her to remove the books. “......I’m sure Dominick already shared with you that we will temporarily pull the books off the shelf and ask the parent to complete a ‘challenge ’form for review.”

12. On August 29, 2022, Roxana Caivano emailed Dr. Radulic back saying, “I thought we said this morning that I would respond to the parent with the draft I shared and add that I would put the books behind the desk and give them out upon request. I thought we were going to wait and see if this would appease her before we suggested the challenge form.”

13. Dr. Loretta Radulic emailed Caivano back and wrote, “Upon review with Dominick and Chuck and taking a look at the books, our directed [sic] changed a bit.”

14. Jonathan Evison, the author of Lawn Boy told the Washington Post that he “never meant for his book to be placed in school libraries.”

15. Jonathan Evison further told the Washington Post that Lawn Boy is “meant for adults.”

16. Jonathan Evison then added, “If schools want to offer the text, he said, they should restrict access to older students.”

17. On August 31, 2022, Defendant, Christina Balestriere, emailed Roxana Caivano, with her concerns that these books were available to all ages.

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18. In response, on September 9, 2022, Roxana Caivano responded and confirmed that all three books are in fact in the Roxbury High School Public Library. She explicitly stated, “...yes, I have read them all myself.”

19. Roxana Caivano sends twitter messages under the Twitter handle, “Roxbury Media” using @roxburymedia.

20. On September 19, 2022, Roxana Caivano sent a tweet out explicitly recommending that readers read five books, including the three previously identified: “This Book is Gay,” “Lawn Boy,” “Gender Queer,” “Fun House,” and “All Boys Aren’t Blue.”



21. The purpose of display of books in a library is to draw attention to books and suggest they be read.

22. On or before September 19, 2022, Roxana Caivano created an “end cap” display for the library to promote and encourage children to read these 5 books and others.

23. This new library display from Roxana Caivano included other books, such as “Let’s Talk About It.”

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24. Let’s Talk About It includes diagrams showing the following, labeled “Things to Try:”



25. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read Let’s Talk About It, and thus, encouraged children as young as 13 to “have an assload of fun with a healthy helping of lube.”

26. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read This Book Is Gay, and thus, encouraged children as young as 13 to learn how to access “Sex Apps” including Grindr.

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27. According to the Grindr terms of service, the app prohibits anyone under the age of 18 from accessing, directly or indirectly, viewing, downloading, or otherwise using Grindr services.

28. While the Grindr app is specifically identified in This Book is Gay, upon information and belief, the terms of service for all other sex apps prohibit use by minors.

29. Also, by encouraging children as young as 13 to read This Boy is Gay, Roxana Caivano encouraged them to learn such terms as:



30. Through the Twitter post and the library display, Roxana Caivano encouraged children as young as age 13 to read “Gender Queer.”

31. Amazon.com lists Gender Queer as appropriate for ages “18 years and up.”

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32. Gender Queer includes illustrations where the under-age narrator fantasized about an adult man pulling the penis of a child as the child pulls the adult male to him.



33. Gender Queer also includes illustrations of a librarian “sexting” or sending and receiving sexual messages in a public library.



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34. As depicted in the illustration promoted by Roxana Caivano to children as young as 13, the librarian receives a message “I can’t wait to get your cock in my mouth—I’m going to give you the blow job of your life.”

35. Another illustration from the Gender Queer book promoted by Roxana Caivano to children as young as 13 depicts the acts from the librarian’s sexting from the prior panel.




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36. Another of the books promoted by Roxana Caivano to children as young as 13 was Lawn Boy, which depicts various set acts involving children as young as ten:

“What if I told you I touched another guy’s dick?” I said. ...“What if I told you I sucked it?” ...“I was ten years old, but it’s true. I put Doug Goble’s dick in my mouth.”
...
“All I could think about while he was chatting me up over the rim of his cappuccino was his little salamander between my fourth-grade fingers, rapidly engorging with blood.”

37. In response, Christina and Kristen spoke at the Roxbury Board of Education meetings on September 19, 2022 where Kristen, a licensed clinical social worker, with a specialization in children and families from Fordham University, referenced legal prohibitions against displaying certain materials to children.

38. Kristen cited N.J.S.A. 2C:24-4B(5)(B). “Endangering the Welfare of a Child” which states that it is unlawful to knowingly view or possess any media, including video games, that depict a child engaged in a sexual act. The law applies to simulations and actual acts. It also states that exposing a minor to sexual activity in a manner that may debauch or impair his or her morals is a third-degree offense that carries a sentence of up to five years in prison. If the act is committed by a parent or by one who has authority over a child, the crime escalates into a second- degree offense.

39. Christina and/or Kristen attended the subsequent Board of Education meetings to repeatedly ask the school board to remove these sexually explicit materials from the library.

40. Roxana Caivano has refused to stop promoting those books, containing the passages outlined above, to children as young as 13, and continues to do so to this day.

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41. As recently as May 19, 2023, she widely disseminated an email trying to rally
people to come to the May 23, 2023 Roxbury School Board meeting to “ show up in support so we can silence them” referring to Christina and Kristen.

42. At the School Board Meeting, after triumphantly raising her arms, Roxana Caivano and Anthony Caivano walked down the aisle yelling at parents and pointing at them, including Christina and Kristen.



43. Roxana Caivano even concluded by hitting the sign of a seated person exercising their First Amendment Rights to petition the government for redress.




Defamatory Statements

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February 1, 2023 Posting

44. On February 1, 2023, Third-Party defendant Anthony “Tony” Caivano posted a message in a Facebook chat stating that his wife Roxana Caivano “has had multiple book challenges this year from a posse of book burners,” referring to Christina and Kristen.

45. The message was on a chat that was shared with multiple recipients from the conversation and was seen and commented on by others.

46. Anthony Caivano further stated, “We are going to defeat this reactionary bullshit.”

47. Anthony Caivano made those statements knowingly referring to Christina and Kristen.

48. Anthony Caivano made those statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.

49. According to the United States Holocaust Museum(1):
Book burning has a long and dark history.
Book burning refers to the ritual destruction by fire of books or other written materials. Usually carried out in a public context, the burning of books represents an element of censorship and usually proceeds from a cultural, religious, or political opposition to the materials in question.
The burning of books under the Nazi regime on May 10, 1933, is perhaps the most famous book burning in history.

50. The term “book burners” as used by Anthony Caivano to refer to Christina and Kristen was a reference to the practice from Nazi Germany of burning books:
____________________
(1) https://encyclopedia.ushmm.org/content/en/article/book-burning

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51. By referring to Christina and Kristen as “Book Burners,” Anthony Caivano intended for the readers of his message to associate Christina and Kristen with Nazis.

52. Anthony Caivano made these statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.

53. Anthony Caivano made the statements about Christina and Kristen with knowledge that they were not Nazis or with reckless disregard for the truth that they were not Nazis.

February 1, 2023 Second Posting

54. On February 1, 2023, Roxana Caivano referred to parents who question these books as “fascists” on Tony Caivano’s public Facebook page.

55. Roxana Caivano made those statements knowingly referring to Christina and Kristen.

56. Roxana Caivano made those statements with the intention that a reasonable person would understand them to refer to Christina and Kristen.

57. By calling Christina and Kristen Book Burners and Fascists in a single chat, Roxana Caivano and Anthony Caivano worked together toward a single goal of having the readers identify Christina and Kristen as Nazis.

April 27, 2023 Interview

58. In a televised interview with ABC news on April 27, 2023, Roxana Caivano stated that the
parents she is suing, referring to Christina and Kristen, “called me a pornographer.”

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59. Roxana Caivano knew that the statement that Christina and Kristen called her “a pornographer” was false, or with a reckless disregard for the truth of the statement.

60. Roxana Caivano knew that the April 27, 2023 interview would be broadcast, intended for it to be broadcast, and it was broadcast on television.

61. It also remains on the ABC7NY.com website as a streaming video clip today.

April 27, 2023 Postings

62. On April 27, 2023, in the Tap Into Roxbury public comments section, Anthony Caivano wrote “...no one has a right to call any librarian a criminal, a groomer or a pornographer, which is precisely what the Roxbury crew did to Roxana.”

63. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “criminal.”

64. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “pornographer.”

65. Anthony Caivano made his statements knowing, or with a reckless disregard for the truth, that Christina and Kristen did not call Roxana Caivano a “groomer.”

May 9, 2023 Interview

66. Roxana Caivano was interviewed for an article posted on NJ 101.5.

67. Roxana Caivano stated that Christina and Kristen objected to the books described above
“because of its LGBTQ content.”

68. Roxana Caivano knew, or had a reckless disregard for the truth, that Christina and Kristen objected to the books based on their sexual content, not because of the LGBTQ content.

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May 25, 2023 NJ Spotlight News Q&A

69. Roxana Caivano was interviewed for the NJ Spotlight News Q&A article on or about May 24, 2023.

70. In the article posted at https://www.njspotlightnews.org/2023/05/q-a-roxana-russo- caivano-librarian-in-nj-book-ban-fight/, Roxana Caivano falsely stated that she was called vile names by members of the Roxbury community and that she has sued the group of parents.

71. Roxana Caivano made that statement knowing it would be publicized.

72. Roxana Caivano knew, or had a reckless disregard for the truth, that Christina and Kristen
did not call her “vile names.”

73. Roxana Caivano made that statement intending for others to understand it to be referring to Christina and Kristen.

74. It was reasonable for people reading the NJ Spotlight News online article to believe the Roxana Caivano was referring to Christina and Kristen.

75. Collectively the February 1, 2023 Posting, February 1, 2023 Second Posting, April 27, 2023 Interview, April 27, 2023 Postings, May 9, 2023 Interview, and May 25, 2023 NJ Spotlight News Q&A are referred to hereinafter as the Defamatory Statements.

FIRST COUNT

(Libel and Defamation)

76. Christina and Kristen repeat and reallege their allegations in the prior paragraphs as if fully
set forth herein.

77. Roxana Caivano and Anthony Caivano made the Defamatory Statements as alleged facts regarding Christina and Kristen.

78. The Defamatory Statements were published to third persons orally and in writing.

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79. Roxana Caivano and Anthony Caivano made the Defamatory Statements with negligent disregard for the truth of the statements.

80. Roxana Caivano and Anthony Caivano made the Defamatory Statements with careless disregard for the truth of the statements.

81. Roxana Caivano and Anthony Caivano made the Defamatory Statements with reckless disregard for the truth of the statements.

82. Roxana Caivano and Anthony Caivano made the Defamatory Statements intentionally knowing the statements were untrue.

83. Roxana Caivano and Anthony Caivano made the Defamatory Statements intending to cause harm to Christina and Kristen.

84. As a result, Christina and Kristen suffered harm to their reputation, standing, professional and personal capacity, and have been cast in a false light.

85. Kristen has had clients cancel her services as a result of the defamatory statements from Roxana Caivano and Anthony Caivano.

86. The Defamatory Statements were defamatory per se.

87. As a result, Christina and Kristen have been damaged.

     WHEREFORE, Christina and Kristen demand judgment against Roxana Caivano and
Anthony Caivano, individually, jointly, and severally, for compensatory damages, punitive damages, interest, and costs of suit.

SECOND COUNT

(Intentional Infliction of Emotional Distress)

88. Christina and Kristen repeat and reallege their allegations in the prior paragraphs as if fully
set forth herein.

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89. As a direct and proximate result of the Defamatory Statements, Christina and Kristen suffered and continued to suffer emotional distress.

90. As a result, Christina and Kristen suffered harm to their reputation, standing, professional and personal capacity, and have been cast in a false light.

91. Kristen has had clients cancel her services as a result of the defamatory statements from Roxana Caivano and Anthony Caivano.

92. As a result, Christina and Kristen were damaged.

     WHEREFORE, Christina and Kristen demand judgment against Roxana Caivano and Anthony Caivano, individually, jointly, and severally, for compensatory damages, punitive damages, interest, and costs of 
suit.

DEMAND FOR ANSWERS TO INTERROGATORIES

Pursuant to Rule 4:17-1, Defendants/Third-Party Plaintiffs/Counter-Claimants Christina Balestriere and Kristen Cobo serve the following requests for answers to interrogatories with this pleading. Responses are due within the time calculated in Rule 4:17-4(b), 60 days after service of the summons and complaint:

1 Identify the “vile names” that you contend that Christina and Kristen called you and for each alleged occasion, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

2 Set forth all facts to support the statement that Christina and Kristen are “book burners.” 

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3 Identify all instances when Christina and/or Kristen burned books and for each alleged occasion, set forth:

     a. The date and time of the book burning;

     b. The location of the book burning;

     c. All persons who were present when Christina and/or Kristen burned books.

     d. Identify any and all photographs, videos, or other media depictions of Christina and/or Kristen burning books.

4 Set forth all facts to support the statement that Christina and Kristen objected to the
books identified in the Counter-Claim and Third-Party Complaint “because of its LGBTQ content.”

5 For each for each alleged instance where Christina and Kristen objected because of the book’s LGBTQ content, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

6 Set forth all facts to support the statement that Christina and Kristen called Roxana a “pornographer” and for each alleged occasion, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

7 Set forth all facts to support the statement that Christina and Kristen called Roxana a “criminal” and for each alleged occasion, set forth:

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     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

8 Set forth all facts to support the statement that Christina and Kristen called Roxana a “groomer” and for each alleged occasion, set forth:

     a. Whether the statement was made in print or orally;

     b. The date and time of the utterance;

     c. The location of the utterance;

     d. All persons who were present when the statement was made or who heard the statement.

     e. If the statement was written, where the statement was printed and the location thereof.

9 Identify and set forth the factual basis for your assertion in paragraph 3 of the Second Count of the Complaint that Christina and Kristen engaged in a civil conspiracy to jointly attack the plaintiff’s reputation, slander, and libel the plaintiff, defame the plaintiff, deprive the plaintiff of her constitutionally guaranteed rights.
    
10 Set forth the ways in which Roxana’s relationship with her employer has been impacted as set forth in paragraph 3 of the Second Count of the Complaint.

11 Set forth the emotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

12 Set forth the physical manifestations of the emotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

13 IdentifyallmedicalproviderswhoPlaintiffhastreatedwithasaresultoftheemotional distress that Plaintiff alleges to have suffered as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

     a. For each provider identified in the answers to the prior interrogatory, execute a HIPAA authorization for the release of medical records.

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14 Set forth all damages alleged to have been sustained by Plaintiff to her reputation as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

15 Set forth all damages alleged to have been sustained by Plaintiff to her personal reputation as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

16 Set forth all damages alleged to have been sustained by Plaintiff to her employment as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

17 Set forth all facts to support the allegations in the Fifth Count of the Complaint that Christina and Kristen engaged in “purposeful malicious conduct” to interfere with Plaintiff’s employment.

18 Set forth all facts to support the allegations in the Fifth Count of the Complaint that Christina and Kristen engaged in “purposeful malicious conduct” to interfere with Plaintiff’s prospective economic opportunities.

19 Identify any and all prospective economic opportunities that Plaintiff has lost as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

20 Identify any and all injuries that have been inflicted on Plaintiff as a result of the conduct alleged in her complaint to have been committed by Christina and Kristen.

21 Identify all persons with relevant knowledge of the claims in the Complaint, or your affirmative defenses raised in response to this Counter-Claim and/or Third-Party Complaint and for each person identified, set forth:

     a. Their address and telephone number;

     b. The basis of their knowledge;

     c. A description of their knowledge.


DEMAND FOR PRODUCTION OF DOCUMENTS

Pursuant to Rule 4:18-1, Defendants/Third-Party Plaintiffs/Counter-Claimants
Christina Balestriere and Kristen Cobo serve the following requests for the production of documents with this Complaint. Responses are due within the time calculated in Rule 4:18- 1(b)(2), 50 days after service of this pleading:

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     1 Produce a copy of all documents sufficient to identify when the book “Gender Queer” was purchased for the Roxbury Library.

     2 Produce a copy of all documents identified or referenced in your answers to interrogatories.

Dated: May 31, 2023
COYLE & MORRIS LLP
s/ John D. Coyle
John D. Coyle
Attorney ID: 029632001
201 Littleton Road, Suite 210 
Morris Plains, NJ 07950
(973) 370-3519 
jcoyle@coylemorris.com 
Attorneys for Defendants/Counter- 
Claimants/Third-Party Plaintiffs 
Christina Scarbrough Balestriere 
and Kristen Cobo

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Civil Case Information Statement

Case Details: MORRIS | Civil Part Docket# L-000485-23

Case Caption: RUSSO CAIVANO ROXANA VS SERETIS THOMAS
Case Initiation Date: 03/17/2023
Attorney Name: RONALD T NAGLE
Firm Name: RONALD T. NAGLE, PC 
Address: 52 SOUTH STREET 
MORRISTOWN NJ 079600000 
Phone: 9732676780
Name of Party: PLAINTIFF : BALESTRIERE, CHRISTINA, S 
Name of Defendant’s Primary Insurance Company
(if known): None
Case Type: DEFAMATION
Document Type: Answer W/Jury Demand
Jury Demand: YES - 6 JURORS
Is this a professional malpractice case? NO
Related cases pending: NO
If yes, list docket numbers:
Do you anticipate adding any parties (arising out of same transaction or occurrence)? NO
Does this case involve claims related to COVID-19? NO
Are sexual abuse claims alleged by: ROXANA M RUSSO CAIVANO? NO
Are sexual abuse claims alleged by: CHRISTINA S BALESTRIERE? NO
Are sexual abuse claims alleged by: KRISTEN COBO? NO
 
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition:

Do you or your client need any disability accommodations? NO 
If yes, please identify the requested accommodation:

Will an interpreter be needed? NO If yes, for what language:

Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO

I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)

MRS--L--000485--23 08//02//20232::48::4379PM Pg 2 of 2 TTrarnasnsIDID: L: CLCVV20220322323293895855

08/02/2023 
Dated

/s/ RONALD T NAGLE
Signed


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