Showing posts with label Houston TX. Show all posts
Showing posts with label Houston TX. Show all posts

Friday, June 21, 2019

ALA Pushes Drag Queen Story Hour at ALA Annual Conference

American Library Association pushes Drag Queen Story Hour at its biggest conference, ALA Annual, by training librarians to push it into communities nationwide.  Notice, no mention of literacy—just intersectionality, no mention of unvetted drag queens turning out to be pedophiles like at Houston Public Library, no mention of how DQSH harms the LGBT community, but there's the Office for Intellectual Freedom "expanding boundaries" at this training session with the Assistant Director (a nice person individually) as a speaker.

I am writing about the pervasiveness of ALA's DQSH promotion, or DQS as they call it, so stay tuned here.

Telling Stories, Expanding Boundaries:

Drag Queen Storytimes in Libraries

Saturday, June 22 1:00 PM - 2:30 PM Location: Washington Convention Center, 147B

"This session will explore the public library as a site for the intersection of gender expression/identity and intellectual freedom, by discussing the phenomenon of Drag Queen Storytime (DGS). The session will consist of a panel featuring originators of the DGS concept; librarians whose institutions have been involved in DGS, with both the popularity and the controversy that have ensued; and a local drag queen storyteller who will read a story to the audience. The DGS program has been immensely popular with many audiences at libraries across the country, but it has also produced its share of resistance and controversy. The panel will discuss how DGS was developed and originally implemented, how librarians have been using it today, how institutions have dealt with specific successes and controversies, and how DGS relates to intellectual freedom."

Source (archived), linked from here: "Que(e)ry's Coming to ALA Annual in Washington D.C.!"




NOTE ADDED AN HOUR LATER:


—
URL of this page: 
safelibraries.blogspot.com/2019/06/ala-pushes-dqsh.html

On Twitter: 
@ALALibrary @KPekoll @OIF

Thursday, April 11, 2019

Drag Queen Story Hour Funding FOIA—ALA Uses National Library Week to Call It Censorship

Dear Houston Public Library Foundation [HPLF] TPIA Officer:

This is a noncommercial FOIA request from a member of the news media for electronic production of documentation per the Texas Public Information Act, §6252-17a et seq. [TPIA], to this email address, to my attention, using the above-referenced research project code.  TPIA requires that you "promptly produce" the requested records unless, within 10 days, you have sought an Attorney General's Opinion.  If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.  All documentation should be produced as PDFs, with the exception of photographs (which should be JPEG), audio files (which should be MP3), and video (which should be MP4 or MOV).  If documentation files are too large to transmit in an email, transmit them to me either using a free file sharing service (such as Dropbox) or by sending multiple emails (as many as needed).  I seek the following numbered categories of documentation for my research pursuant to news articles and a book I am writing that has interest and value to the public:

Copy of the following:

WHERE DOES HPLF GETS ITS MONEY:  ( 1 ) Please provide documentation, written or recorded, of financial gifts, grants, loans, donations, or any other monies offered to and actually received by HPLF from the American Library Association [ALA], the Freedom to Read Foundation [FTRF], the Public Library Association, the Texas Library Association, the National Coalition Against Censorship, Open Society Foundations, or Drag Queen Story Hour, from 1 July 2018 to present.  I expect FTRF to be the main source since it has an established pattern of quietly funding its acolytes, as discussed below.  Further, ALA has in the past given HPLF anywhere from $250-$999.  See: page 15 of “2017 Impact Report” https://www.houstonlibraryfoundation.org/s/Houston-Library-Foundation-Impact-Report-FY-17  I anticipate responding to this request will take 5 minutes.

WHAT’S BEING FUNDED AT HPL BY HLPF:  ( 2 ) Please provide documentation, written or recorded, of financial gifts, grants, loans, donations, or any other monies offered and/or actually funded/disbursed by HPLF to Houston Public Library [HPL], from 1 July 2018 to present, including an itemization of each instance, for whom or what it was provided—including the drag queens or drag queen business(es), when, and the exact dollar amount.  I anticipate responding to this request will take 5 minutes.

IS HOUSTON CITY CODE 24-5 TAKEN INTO CONSIDERATION:  ( 3 ) Please provide documentation, written or recorded, of discussion of Houston City Code 24-5, specifically, “Without limitation, the director is authorized to include provisions that govern the use of library premises by the public, including the use of the property around the library, in order to promote an environment that is protective of the health and well-being of patrons and children while at the library facility,” from 1 July 2018 to present.  See: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH24LI_ARTIINGE_S24-5RURE&fbclid=IwAR3MjIhvnaD8Q-uHVixLgJM9H_nWWB2R8DAucJONfW-k98ny9fkIFnfNK1c  I anticipate responding to this request will take 10 minutes.

IS DRAG QUEEN STORYTIME ACCEPTABLE UNDER HOUSTON CITY CODE 24-5:  ( 4 ) Please provide documentation, written or recorded, of discussion of how Drag Queen StoryTime relates to “understanding and celebrating all Houstonians’ similarities and differences, building positive relationships, and promoting a dialogue of acceptance, respect, and trust,” and any counterarguments thereto, from 1 July 2018 to present.  See: https://www.houstonlibraryfoundation.org/s/HPLF-DQST-Statement-SM.pdf  I anticipate responding to this request will take 10 minutes.

SEE DRAG QUEEN STORYTIME IN ACTION:  ( 5 ) Please provide all photographs and videos taken during Drag Queen StoryTime events.  Upon information and belief, HPL and HPLF employees/staff/appointed office holders/commissioners took photos and video at these events, using both library, foundation, or library consortia owned equipment and their personal cellphones.  Time period is limited to 1 July 2018 to present.  Be clear personal cellphones are covered by TPIA as long as the recordings do not “constitute an invasion of privacy” of the individual.  Recording public Drag Queen StoryTime shows does not constitute an invasion of privacy of the individual making the recording.  It is not believable people did not use their personal devices to make recordings, so they must be produced pursuant to TPIA as well.  See Texas Government Code § 552.109: https://codes.findlaw.com/tx/government-code/gov-t-sect-552-109.html or https://web.archive.org/web/20180905094242/http://txla.org/IF-Open-Records  I anticipate responding to this request will take 10 minutes.

HEAR DRAG QUEEN STORYTIME BEING DISCUSSED:  ( 6 ) Please provide all voice mail recordings about Drag Queen StoryTime or the funding thereof.  Such recordings are likely MP3 audio files organized by your voice mail system.  Such recordings are likely to be in the voice mailboxes belonging to any chief executive/director/commissioner, any assistant executive/director/commissioner, any youth services director, and any public relations director.  I anticipate responding to this request will take 15 minutes.

That completes this documentation request.  The expected time for completion of the above requests by an experienced TPIA/FOIA officer is 55 minutes.

This is an attempt to determine if and to what extent outside influence is influencing local policy in Houston, TX, and whether local policy as reflected in Houston City Code 24-5 has been considered and applied or simply tossed aside intentionally or out of sheer ignorance of the law.

ALA makes a habit of influencing local communities with quiet money.  In Highland Park, TX, for example, FTRF, an ALA entity, gave $5,000 dollars to local advocates of ALA’s political positions.  See page 10: http://www.ala.org/aboutala/sites/ala.org.aboutala/files/content/governance/officers/eb_documents/2014_2015ebdocuments/ebd12_12_exec_dir_rpt_11dec14.pdf

ALA later saw to it that its local favorite in Highland Park was awarded with a “Robert B. Downs Intellectual Freedom Award” for doing what ALA wanted.  See: https://www.dallasnews.com/news/highland-park/2015/12/10/highland-park-group-that-went-to-bat-for-books-is-recognized  It is worthy to note that ALA arranged to have the same “Intellectual Freedom” award given to a library that facilitated then covered up the crime of child pornography viewing. See https://edgarcountywatchdogs.com/2014/12/university-of-illinois-gslis-gives-award-for-defending-child-pornography/

In West Bend, WI, ALA quietly slipped $1000 grant to a local acolyte, the existence of which was never made public until it was uncovered by a FOIA request, necessitating the need for the filing of this present TPIA request.  See what was uncovered and the cozy financial relationship one local acolyte had with ALA and the library it supported to defeat a local whistleblower: http://westbend.pbworks.com/f/Hanrahan2Tyree051209.pdf

In the Houston matter, there may be more quiet money being used to promote interests of outside groups instead of local interests.  There are definitely indications that this is so.  For example, your HPLF stated, “Drag Queen Storytime has been volunteer-led and offered at no cost to the Houston Public Library, and no private or public funds were used to directly fund the program.” See: https://www.houstonlibraryfoundation.org/s/HPLF-DQST-Statement-SM.pdf

Notice the word “directly.”  “[N]o private or public funds were used to directly fund the program.”  That means funds were used indirectly.  The public has a right to know.

ALA’s quiet money is always done indirectly.  ALA is an organization that defends child pornography viewing ( https://safelibraries.blogspot.com/2017/01/brave-librarian-speaks-out.html ) and the sexual harassment of librarians, calling it “dubious,” ( https://www.librarians.cc/2018/02/ala-ignores-sexual-harassment.html ) among other serious problems including homophobia ( http://safelibraries.blogspot.com/2014/07/gay-hate-at-your-library.html ) and antisemitism ( http://safelibraries.blogspot.com/2018/11/antisemitism-at-ALA.html ).  Such an organization giving quiet money to local acolytes to defeat local whistleblowers and local law is a serious concern.  People should be fully informed so as not to be misled into doing what ALA would have them do if ALA only had the direct power to do so.

This TPIA hopes to expose the extent of ALA’s financial involvement in Houston as it may explain why those in power may be ignoring Houston City Code 24-5 about “promot[ing] an environment that is protective of the health and well-being of patrons and children while at the library facility,” and exposing the community to seriously risk of liability.  ALA’s former de facto leader and creator of FTRF, also a former board member of the Illinois ACLU, actually said, as quoted in the Chicago Tribune, “I get very concerned when we start hearing people who want to convert this country into a safe place for children. …. I am adult. I want available what I need to see.”  See: https://www.chicagotribune.com/news/ct-xpm-2005-06-23-0506230234-story.html

I have to wonder if the people of Houston agree with that statement enough to toss aside Houston City Code 24-5, that is explicitly “protective” of children, and is directly opposed to the anything-goes views of ALA.  As Governor Greg Abbott stated in an analogous case, “Don’t Mess With Texas. We don’t want out-of-staters rigging our elections.”  See: https://twitter.com/GregAbbott_TX/status/1109933040724312064  Do citizens want out-of-staters at ALA rigging the libraries instead of complying with local law designed to “protect” children?  Governor Abbott raises an excellent point, and the response to this TPIA may help educate him and the Houston community.

Even Houston Mayor Sylvester Turner is in on the action.  He stated, “The Fact is: Storytime is funded by the Houston Library Foundation. No tax dollars are involved. The program was requested by patrons of the Library.”  See: https://twitter.com/SylvesterTurner/status/1107424485811146755  So the present TPIA request is to determine the extent of that funding, who are the sources of that funding, and where specifically is that funding going.

The responses to this TPIA request are a matter of great public concern.  So great that even Texas Governor Greg Abbott raises the issue, “How much are you paying for a library where a registered sex offender participated in Drag Queen Storytime? The Fact is, Houston spends plenty of taxpayer dollars for services that are not essential. Houston, just like other cities, can handle property tax reform. #txlege”  See: https://twitter.com/GregAbbott_TX/status/1107418383568506880  Well, Governor, it is likely there will be more news about the harm the library has done by ignoring its duties.  The present TPIA request is to determine how much money is funding Drag Queen StoryTime where a registered sex offender participated.  I hope to present the Governor with my findings.

Therefore, in respect of the above, and given the eyes of Houston and the Governor of Texas are upon you, please respond to my TPIA request without any of the usual open government gamesmanship, such as what HPL has done to prevent the public from learning the facts.  I still have not received any documents even after the Texas Attorney General had to force compliance.  See Ken Paxton’s decision here: https://safelibraries.blogspot.com/2019/03/houston-library-forced-foia.html  Only yesterday was I informed by HPL the documents would be made available to me, but only for a $145 fee.  So I still don’t have the documents.  I’m a reporter and HPL is charging fees despite the law and dragging out the process.  This will result in my requesting relief from the Texas Attorney General, running up further legal costs—to defend despite open government laws unforced errors that allowed a convicted pedophile to read to children.  No doubt I will be blamed as legal fees rise due to HLP’s defense of Drag Queen StoryTime despite city law and state law.  I say this in the hope HLPF will not go down the path of HPL and will simply turn over the documentation as requested and as required by law.

Additional notes:

TPIA gives the public the right to request access to government information. The same applies to HPLF, an organization whose members are appointed by the Mayor and approved by City Council. Therefore, please respond to the above noncommercial TPIA request in accordance with the law.  See: City of Houston Code of Ordinances, Chapter 24, Article II, Sections 24-25 through 24-35. https://www.municode.com/library/TX/houston/codes/code_of_ordinances?nodeId=COOR_CH24LI_ARTIILIBO_S24-25LIBOCR

Also, constructive criticism, consider adding HPLF to “Public Information Act Requests” that has already been updated once as a direct result of my first FOIA request to HPL.  Not being listed on that page gives the false impression that HLPF is not subject to TPIA. See: http://www.houstontx.gov/pia.html

I am a reporter on library matters where I publish on both SafeLibraries® and on Sexual Harassment of Librarians. As such I may publish anything you send me.  Thus, I ask that all fees for the production of TPIA responses be waived: "If a governmental body determines that producing the information requested is in the 'public interest' because it will primarily benefit the general public, the governmental body shall waive or reduce the charges." "Shall," not "may."  Source: https://www.texasattorneygeneral.gov/sites/default/files/2018-06/PIA_handbook_2018_0.pdf 194; Gov’t Code § 552.267(a). That this is a matter of public interest is evident by the international media attention the library has received as a result of the library's admitted "oversight" in allowing a registered child sex offender to read to children at Drag Queen StoryTime, and in Governor Abbott’s message quoted above.

Further exposure of more drag queens is likely, given the complete dereliction of duty of the library.  See https://twitter.com/ShannonTracy123/status/1110749040290029569   So this issue is of current interest.

There are even indications that this is a matter beyond mere dereliction of duty bordering on intentional refusal to protect children when comments like this one from eleven weeks ago appear in a public Facebook group called ALA Think Tank, as seen in the URL, but later renamed to hide the connection to ALA, “Someone referred to it as ‘pedophile storytime’ to my coworker and she was really confused until I said ‘They mean drag queen story hour’ and she's like ‘But drag queens and pedophiles are completely unrelated?’ YEP.”  So librarians, likely including some at HPL, were aware of the concerns and still ignored them.  That is bad.  See: https://www.facebook.com/groups/ALAthinkTANK/permalink/2440967925976013/

Where emails are involved, also provide the BCC as well as the CC and the TO. As you know, BCC is for the convenience of the sender, not for circumventing public information laws. If senders/recipients include distribution lists HLPF created, then please provide the document that lists the individual recipient email addresses in any distribution list; again, distribution lists are for the convenience of the sender, not for circumventing the law. Further, if HPLF business has been conducted via the use of personal emails, then please provide those emails as well. Conducting HLPF business on personal emails is not a valid means for circumventing TPIA.

Any document written or recorded is included as well. That includes voice mails, audio recordings, video recordings, transcripts or minutes of any public meetings. HLPF board executive session recordings or minutes are not included in my request if they have not already been made public.

Written or recorded documents also include those made in any telephonic, electronic, or physical meeting with anyone acting on behalf of any library association such as the ALA. ALA trains librarians that written or recorded documents from ALA-provided trainings, meetings, conferences, etc., are ALA proprietary and may not be released publicly. That ALA claim is false. TPIA controls, not ALA. If a public employee attended anything at public expense, then anything learned/recorded at such an event or as a result thereof has been made public and is discoverable under TPIA no matter what ALA claims. The public has a right to know what business has been conducted at public expense, especially where the library goofed, allowed a pedophile to read stories to children, and is now seeking to expand the drag queen story hour program further with the help of HLPF.

Be clear ALA top leadership uses personal email to direct librarians to destroy public documents precisely to prevent production under state sunshine laws like TPIA. Example from the private email of the current Interim Director and Deputy Director Deborah Caldwell-Stone, Esq., of the ALA Office for Intellectual Freedom: “Subject: URGENT -­ must delete all documents related to 17 Dec crisis communications workshop .… Remove these from your servers today and destroy hard copies. This is an attempt by two individuals to obtain privileged information …. we cannot allow anything from 17 Dec to be produced in response to FOIA.” See: “Librarians Ordered to Destroy Public Documents Revealing Homophobia at American Library Association and Crime in Libraries,” by Dan Kleinman, SafeLibraries®, 26 April 2018, https://safelibraries.blogspot.com/2018/04/librarians-ordered-to-destroy.html

Thank you very much for your attention to this matter.

[NOTE: If anyone wishes to contact me privately/confidentially, perhaps to provide some of this documentation, use SafeLibraries@pm.me.]

Sincerely,

Dan Kleinman

=====

27 March 2019 (Wednesday early AM)

Houston Public Library Foundation
550 McKinney St
Houston, TX 77002
hello@houstonlibraryfoundation.org

     Re:  FOIA Research Project #2019-03-27 = Houston Public Library Foundation - Drag Queen Funding - 1





Above is my 27 March 2019 FOIA request.  I would love to think of it as a model FOIA request for others to follow.  It's specific, anticipates some of the gamesmanship recalcitrant libraries play because they are hiding something, and it looks at the law of the state or municipality that libraries must follow and sees if those rules are being followed or have even been considered.  Get a head start in your own state here:
The library has already responded to the above FOIA request.  Below is a discussion of and a link to the library's response dated 10 April 2019.





The response to the above FOIA request is that the City of Houston has written to the Texas Attorney General asking to be relieved from having to respond to requests made under open government laws:
It has used some or all of these excuses to block FOIA responses to anyone, for well over half a year now, I believe.  No one has gotten anything yet, while the bills keep piling up to defend pedophiles reading to children at library programs.  The problem with keeping what the library is doing opaque is that the library can continue to act in a manner that may be harming the community either directly or financially.

In this case we have a library that has allowed two registered sex offenders to read to children.  The FOIA requests are to shed light on how and why this happened, with an eye toward preventing it from happening in the future.  But not only is the library blocking public disclosure of this, it is also actively seeking to ramp up more and more of the inherently dangerous activity.  Such activity can go on and further harm the community precisely because the library is blocking access to public documents that might disclose what's going on so as to allow the public to decide how best to proceed or to persuade their government to do so.

In other words, the library is defying the law or playing FOIA games to further expose the community to harm.


What's a FOIA game?  I asked for who are the donors to the library foundation.  The City says it will not supply that under Boeing Co v. Paxton, a case that allowed a private company that contracts with a public entity to block disclosure by that public entity because it might hurt business.  There is no private company involved in this matter, only the foundation itself that argues giving away its donor list would harm its own ability to raise funds—it doesn't do any business.  And none of the private donors contract with the library foundation, they simply donate money.  The Boeing case doesn't even apply, but the City raises it anyway.  That's a FOIA game.

Besides, we all know not a single donor would stop donating because people knew who else was donating.  Rather, that would be a feather in the donor's cap, one freely broadcast because of the goodwill that brings.  Ever seen a stadium plastered with the name of its major donor?  It's likely already broadcast by the various donors.  The excuse is a false one.  Again, the reasoning of Boeing doesn't apply.

How do we know Boeing is a problem?  Is it used by public entities to block disclosure of public information?  Yes.  Texas legislators are working to get around the effect of the case that has taken a formerly transparent state and turned it into the exact opposite.  So much so that even a library that allows registered sex offenders to read to kids gets to claim Boeing applies so it can block the public from learning about how that debacle happened.  Is Boeing supposed to protect a library as it allows pedophiles to read to children?  Read what legislators are doing to reverse this:
In the Boeing decision, the court granted private companies that contract with governmental entities enormous latitude to claim that documents and information should be kept secret, including in some cases the contract itself and the amount of taxpayer money involved.
In its decision to allow the University of Houston to keep the contracts hidden, Attorney General Ken Paxton’s office cited a 2015 Texas Supreme Court case known as Boeing Co. v. Paxton, which expanded what is considered a trade secret, or proprietary information of private companies that government agencies can withhold from the public.
“As a citizen, you just feel bullied,” Terrell said. “They hold all the cards. Boeing gives them the right to withhold the entire contract. It’s [a way] to just shut down everything.”

And the Houston Public Library Foundation has played this game before, using Boeing Co. v Paxton to block past FOIA requests.  See:
You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID # 733956 (GC 25439). 
The City of Houston (the "city") received a request for information pertaining to funding and donor information of the Houston Public Library Foundation.  You claim the submitted information is excepted from disclosure under sections 552.101 and 552.104 of the Government Code.  We have considered the exceptions you claim and reviewed the submitted information.
Section 552.104 excepts from disclosure "information that, if released, would give advantage to a competitor or bidder."  Gov't Code § 552.104.  The "test under section 552.104 is whether knowing another bidder's [or competitor's information] would be an advantage, not whether it would be a decisive advantage."  Boeing Co. v. Paxton, 466 S.W.3d 831, 841 (Tex. 2015).  You state the city competes with other entities to obtain donations for funding. The city states it has specific marketplace interests in the submitted information and relies on donations to fund several library programs.  Further, you assert disclosure of the information at issue would provide other entities access to a list of all the donors with whom the city has cultivated relationships.  You claim release of the information at issue would be detrimental to the city's competitive advantage in seeking donations.  After review of the information at issue and consideration of the arguments, we find the city has established the release of the information we indicated would give advantage to a competitor or bidder.  Accordingly, the city may withhold the information we indicated under section 552.104(a) of the Government Code.  However, we find the city failed to establish the release of the remaining information at issue would give advantage to a competitor or bidder.  Thus, we conclude the remaining information at issue may not be withheld under section 552.104(a) of the Government Code.  The city must release the remaining information.
The Texas Attorney General sure got fooled.





Now, as we discuss Drag Queen Story Hour funding and how to FOIA libraries for information, and how libraries are letting pedophiles read to children, keep in mind that not only does the American Library Association actively support libraries in spreading Drag Queen Story Time throughout America (here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, etc.), but at the same time it actively attacks any and all watchdogs, an ALA trait, calling them "censors"—and it makes no difference if your library allows registered sex offender pedophiles to read to children like at the Houston Public Library that's blocking FOIA requests—and ALA's "Office for Intellectual Freedom" even used "National Library Week" to launch this attack as well:

And don't think people aren't noticing:


See also:


NOTE ADDED 19 APRIL 2019:

Today I sent a letter to the Texas Attorney General to attempt to counteract the library's latest effort to continue to hide its malfeasance from the public.  Here it is:


NOTE ADDED 26 JUNE 2019:

Yesterday, 25 June 2019, I learned that I would receive absolutely no documents in response to this request.  In a nutshell, someone else has filed a lawsuit that is ongoing at this moment, so the law allows the library foundation to avoid responding during the pendency of the lawsuit.

Therefore I will wait until the lawsuit is over.

I note that I will be filing a substantially similar request on the library itself, in addition to the library foundation.  I wanted this foundation matter to complete first as a matter of efficiency and good practice.  Sure enough, I can now tell that a similar FOIA on the library will result in a similar answer/non-answer.  So by waiting as I have, I have saved Houston some time and some money.

I still will note that Houston refuses to release information about how pedophile drag queens got to read to Houston's children.

Here are the relevant documents:
So this matter is closed, with no documents having been released, and I'll refile it and file on the library when the lawsuit with which I am not involved has completed.

—
URL of this page: 
safelibraries.blogspot.com/2019/04/drag-queen-story-hour-funding-foia.html

On Twitter: 
@ALALibrary @HouLibraryFdn @HoustonLibrary @NFOIC @OIF @TXAG @_YvonneBurton

Wednesday, April 3, 2019

ALA Finally Acknowledges Pedophiles Read to Kids at Inherently Unsafe Drag Queen Story Hour

American Library Association [ALA] finally acknowledges pedophiles read to children at Drag Queen Story Hour events:
My comments:
  • Here is the first acknowledgment by ALA: 
    • "One was a Drag Queen Storytime that was held at the Houston Public Library.  After the performance, it was discovered by a pro-family activist group called MassResistance that one of the performers was a registered sex offender."
  • It leaves out the word pedophile, that the victim was an eight year old boy, and that the pedophile was reading to eight year old boys, among others.
  • ALA keeps up the running string of attacking the messenger, even using parenthesis because it knows it is a bogus argument, and SPLC itself is a known hate group that stirs up hate to amass money and is in the process of falling apart—most other media did not stoop to smear the whistleblower, but ALA does it again and again:
    • "(It should be noted that Since March 2008, the Southern Poverty Law Center (SPLC) has listed MassResistance as an active anti-gay hate group.)"
  • This is a total lie—it's just the opposite—so ALA wants you to keep your guard lowered and assume your local library would never let this happen to your children:
    • "Most school systems, and many libraries already have policies in place that mandate [background] checks."
  • ALA really, really hates whistleblowers who get in the way, so they attack whistleblowers again, and hold the offending library to be the real victim:
    • "This raised the usual hue and cry that comes with a social media post: what was wrong with Houston for not running the check? Cue outrage and anger."
  • Libraries are completely unprepared, as the writer demonstrates she had never before thought through the issue of Drag Queen Story Hour in libraries:
    • "I was immediately like : 'uhhhhh…….  No? Wait, what?' I hire many of our outside performers, so my adrenaline kicked in, and I began running a host of worst case scenarios in my head."
  • She says something good in one sentence then completely reverses herself in the next, this time showing libraries have background check policies in place to make the public feel good but they never actually apply the policies, exactly as happened at Drag Queen StoryTime in Houston Public Library:
    • "The current practice cited by several libraries is that they run checks on adult volunteers. This is what my library does. But, to date, we have not run checks on outside performers."
  • Does this make you feel better, and it is not even truthful:
    • "As many other posters shared , [sic] we never leave performers alone with children, and do not allow physical contact without parental oversight."
  • Then the excuse making starts—there's no time nor money for background checks:
    • "One of the primary concerns mentioned in the discussions is the potential costs involved. From some rudimentary research it appears that a simple background check would cost somewhere in the neighborhood of $15-$20 per person. And, while on initial consideration, that might not seem like much, those fees quickly add up. For libraries with limited programming funds, this can, potentially, be prohibitive. Another concern is that it just adds another layer of protocol. The process of finding and booking quality performers is already rather arduous: checking availability, negotiating rates, creating, exchanging, and collecting contracts and W-9s, completing payment requisitions."
  • And notice, this single acknowledgement by ALA that pedophiles have and might again come into contact with kids at Drag Queen Story Hour, has almost no social media traction.  One comment, that's it, oh and my writing about it.  At ALA, no ones cares if children get trampled by ALA's policy to spread Drag Queen Story Hour into more communities.
  • Notice the ALA guide on how to bring Drag Queen Story Hour into American communities says nothing about the need to perform background checks.  But it does do what ALA always does, namely, attack the messengers, and with the largest paragraph in the entire article—and notice the framing of the argument is "LGBTQ community has faced immense hate and negativity, psychically and physically"—so performing backgrounds check is a microaggression which is the real reason why they are almost never done: 
    • "There is one challenge that is persistent and cannot be ignored, even in this brief blog post, and that is negativity and harassment. [NOTE: Didn't the writer just get negative about and harass the whistleblower "as an active anti-gay hate group"? Another double standard.] I have often found myself steaming while washing the dishes, away from my computer and doing my best to rise above and not respond to negative comments that appear online in the wake of press coverage. As I scrub, I remember that the LGBTQ community has faced immense hate and negativity, psychically and physically. I remember that I have not personally faced such a challenge. I hope instead that children who are raised as loving and thoughtful humans will in turn make our planet a more positive and beautiful place. The library is open to all. To those who may remain opposed to the idea of Drag Queen Story Hour, all I can do is offer the following: if this program does not mesh with your family’s beliefs, we respect your choice and hope that you will attend a program that is in line with your own values. Your library undoubtedly offers engaging programs several times each week. We look forward to welcoming you through our doors."
  • Ha ha, the article previous to the one discussed above is about teaching librarians ethics.  Even in that article on ethics they attack the whistleblowers and bemoan them getting media coverage!:


Parents, do not let your children attend Drag Queen Story Hours.  They are inherently unsafe and intentionally kept that way by librarians who could not care less and who use ethics classes to teach hate and censorship of whistleblowers, so they will never become safe.

By the way, the Houston Public Library has for over a quarter of a year stymied any attempt to get any open public records on the Drag Queen StoryTime event they sponsored with the pedophile reading to the children.  Meanwhile they are creating more such events.  Librarians answer to ALA, not the public, sunshine laws and common sense be damned.

—
URL of this page: 
safelibraries.blogspot.com/2019/04/ala-finally-acknowledges-pedophiles.html

On Twitter: 
@ALAlibrary @HoustonLibrary @MassResistance @splcenter

Saturday, March 30, 2019

Cost Complaint Over Library's Own Malfeasance on Drag Queen Story Hour

§ 552.269 COST COMPLAINT
This is a § 552.269 Cost Complaint regarding the Houston Public Library, for twelve reasons the charges are excessive, given three attached exhibits: 
  1. my original request for documents (Dec 21, 2018), 
  2. Administrative Determination Document, Texas Attorney General Letter Rulings, 2019 Tex. AG Ltr. Rul. LEXIS 5687 No. OR2019-06437 (Mar 07, 2019), and
  3. Houston Public Library’s first ($181 on Jan 10, 2019) and second ($145 on Mar 26, 2019) request for fees.
1) This is a matter where the Houston Public Library ignored its own policies and allowed a convicted sex offender to read to children.  I would not even be making TPIA requests but for the Library’s poor judgment that has led to this debacle that has become international news.  Now, as people investigate the matter, the Library is charging fees for that investigation.  It’s galling.  The Library should itself be exposing the full extent of what happened, not leave it to reporters to make TPIA requests, then charge them for that access.  It is akin to the equitable doctrine of dirty hands or perhaps laches.

2) This is a matter of such considerable importance that even Governor Greg Abbott has raised the issue.  On Twitter, he stated, “How much are you paying for a library where a registered sex offender participated in Drag Queen Storytime? The Fact is, Houston spends plenty of taxpayer dollars for services that are not essential. Houston, just like other cities, can handle property tax reform. #txlege” The entire State of Texas and its government, indeed the Governor himself, is interested in this matter at the Library, and it is simply unbelievable that anyone would be charged a fee for this investigation, especially given the circumstances.  See: https://twitter.com/GregAbbott_TX/status/1107418383568506880


3) I am one of a number of people who have filed TPIA requests.  Much of the information we are requesting is duplicative.  Yet we are all being charged fees for the same responses.  There are three of us mentioned in Administrative Determination Document, Texas Attorney General Letter Rulings, Mar 07, 2019, 2019 Tex. AG Ltr. Rul. LEXIS 5687 No. OR2019-06437.  So essentially we are being triple billed.  Can you imagine if a law firm triple billed? It would become a movie based on a book by John Grisham.  If there is triple billing occurring and interstate mail or email was being used, then there’s a possibility mail fraud and/or wire fraud criminal provisions could be triggered.  So the Library is charging me for essentially a triple-billed fee that, since it was sent to out-of-state requestors, may violate criminal laws, depending on the circumstances.

Graphic credit: Steve Dickey, ATF Special Agent
Jeff Cohen ATF Associate
https://slideplayer.com/slide/3914692/

4) I have learned from an Open Records Request Summary, State of Texas, Library and Archives Commission, February 2019, that fees involve “[c]alculations based on salary + estimated cost of benefits. The most recent SAO total compensation percentages were used.”  Charging me fees is sort of double billing.  Employees are paid to work full-time.  They receive benefits for working full-time.  Completing TPIA requests are performed during working hours.  I have no control over pay nor benefits nor who is selected to perform the work.  I am not hiring that person to work for me making me subject to paying wages and benefits.  I see absolutely no reason for me to be charged “based on salary + estimated cost of benefits.”  That employee is not docked the wages and benefits by the Library that I am now being forced to pay him if I want a response to Texas open government laws.  Isn't their government job to respond to FOIA requests?  Why are they charging for labor like it's an auto repair shop?  To me, that’s either double billing or unjust enrichment.  And in a case where the Library is trying to stem the flow of public information about how it completely failed to protect children as required by Houston City Code 24-5 that requires the Library’s director to “promote an environment that is protective of the health and well-being of patrons and children,” yet the Library allowed a registered pedophile to read to children during a public program, that is especially unfair.  I am being charged a fee for the Library failing to do its job, and I’m being double billed for it.  This is completely shocking  See: https://www2.texasattorneygeneral.gov/open/pia/reports/view.php?recid=30086

5) As I investigate this matter, I may have to and have already filed severals TPIA requests.  I am reporting on egregious and shocking malfeasance and nonfeasance at the Houston Public Library.  I need the information to provide as accurate a picture as possible.  Even the Texas Governor wants to know, “How much are you paying for a library where a registered sex offender participated in Drag Queen Storytime?”  The library is not forthcoming with any information.  Its only response is to apologize and to promise it will provide “appropriate” “oversight,” something at which it has already failed.  So I will need to file a number of TPIA requests to expose the facts.  At the rate the Library is going, I could be paying a thousand dollars for this information given the above situation.  That’s just shocking.  The Library is completely overcharging.  And it’s likely overcharging all other reporters investigating this matter.  It’s literally becoming a money-making business for the Library.  Is this what the Texas open government laws allow?  I highly doubt it.

6) I am asking for all documentation to be delivered via electronic means.  There is no charge for paper, no charge for compiling paper copies of various things, no charge for photocopying, no charge for postage, no charge for materials, nothing.  Just electronic files.  I should not be charged for that.  That’s another reason I’m being overcharged.

7) The Houston Public Library has chosen to take the position I am not a reporter (I am), just an annoying person (not true) harassing the Library (a false ad hominem argument to avoid the issues) because I hate gays (not true, indeed I have exposed homophobia at American Library Association).  I have been reporting on crimes at public libraries for almost two decades.  Pulitzer Prize winning author David K. Shipler wrote about me in his book, “Freedom of Speech, Mightier Than the Sword.”  The author of the Children’s Internet Protection Act called me a “trusted source” on American Library Association misdirection.  My work appears in American Library Association’s “Intellectual Freedom Manual” and is written about in library schools worldwide.  I am a reporter.  The Library should not charge me, a reporter, anything at all for these records, especially under the egregious circumstances.

8) I am aware of some reporters who were charged fees for documentation covered under TPIA and who did not pay the fees so they did not get the documents, thereby stifling public dissemination of public documents as required by Texas law.  The Library likely knows charging fees is an effective tactic to weed out requests.  Worse, such dubious actions are discriminatory against people not financially able to provide three or four hundred dollars for public records.  Fortunately I was only charged $181, then $145, but still.  If you’re poor, you don’t get the records.  I cannot believe this is even a tactic being used to suppress public information but there it is.

9) The Library is in a position to prevent much of this.  Were it to provide TPIA requests and responses on a web site, being truly transparent, there might be no need for people to file TPIA requests.  For example, the Orland Park Public Library, IL, has just such a web site, and click on “Public Records Archive” to see all requests and all responses: http://orlandparklibrary.mycusthelp.com/webapp/_rs/SupportHome.aspx So we are here because the Library is not transparent.  Indeed, when I filed my first TPIA request, the online information at http://www.houstontx.gov/pia.html was incorrect in that it provided the wrong contact information.  The library reacted by correcting the information then adding a form to allow for an online submission that contained a single line to enter text.  Clearly the Library does not want TPIA requests being filed.  And that same online information does not even list the Houston Public Library Foundation.  It’s like they are hiding.  So the Library is hiding and is opaque and the few people who get past those obstacles are then, among other delays, charged fees that some cannot pay.  So let alone the Library caused the problem by allowing a pedophile to read to children, it also caused the problem by being opaque.  I should not be changed fees for getting around the process obstacles the Library caused.  Further, they can keep charging indefinitely for the same documents for which different people ask because people never know if someone already asked for this or that and if it’s already been produced.  It’s like selling the same car to seven different people.  It’s a scam on the public.  That Orland Park library avoids this very problem by being transparent.  I should not be charged a fee where the library could have stopped the opacity problem and become transparent.


10) This is a matter of public safety.  The Library allowed a pedophile to read to children once.  It is quite possible it could happen again.  People need to know to protect their children and should learn about this case to help make that happen.  For the public safety aspect of this matter, no fees should be charged.  I have been overcharged.

11) I am overcharged and should not be charged a fee because I am doing the Library’s work and providing a valuable public service by gathering and organizing documentation related to this matter, somewhat like what Orland Park library did as shown above.

12) Lastly, the Administrative Determination Document states, “The city must release the completed report,” not that the city may release it, conditioned on payment of an unjust and unfair fee.  “The city must release the entirety of the court-filed document,” says “must” not may, dependent on whether the requester pays up.

I have provided twelve different reasons why I have been overcharged and why I should not be charged at all.  All of the reasons are serious and make valid points.

I respectfully request that the Houston Public Library be required to provide the records at no cost to me.  The Administrative Determination Document states, “The city must release the completed report,” not that the city may release it, conditioned on payment of an unjust and unfair fee.  “The city must release the entirety of the court-filed document,” says must not may, dependent on whether the requester pays up.

Houston Public Library - "Here's What's Happening"
What's happening? Censorship is happening.

Further, as I will have to file more TPIA requests for more information as time and my research goes on, I ask that you consider advising the library that the above overcharge concerns apply to my future TPIA requests on this malfeasance matter as well.  And consider if the Library should be directed to supply all reporters working this issue with the same respect.

Sincerely,
     /s/
Dan Kleinman, Owner of SafeLibraries® brand library educational services

To: Texas Attorney General Ken Paxton
March 29, 2019
....

—
URL of this page: 
safelibraries.blogspot.com/2019/03/cost-complaint.html

On Twitter: 
@HoustonLibrary, @TXAG

Follow @SafeLibraries

Saturday, March 23, 2019

FOIA Request of Houston Public Library by SafeLibraries - 03

FOIA Request of Houston Public Library by SafeLibraries - 03

Dear Assistant Public Information Officer Gonzalez:

"Library Rule & Policies" was updated to include "16. Staring, stalking, harassment, or other behavior that reasonably can be expected to disturb others.  This includes photography without Library approval." Source: https://houstonlibrary.org/library-rules-policies

For the remainder of this TPIA request I shall refer to this policy addition as "Rule 16."

Here are my TPIA/FOIA requests, given changes to public policy must be discussed in open public meetings, followed by introductory information:

1) Provide documentation of the exact date when "Library Rule & Policies" was updated to include Rule 16.  I'm not asking for new information or a new document to be drafted in response to this request.  Rather, I am asked for existing documentation, such as an email, a memo, a comment in a web page, a date listing from a web site source repository.

2) Provide documentation of the exact date(s) and location(s) of the public meeting(s) where Rule 16 was discussed in public by the library/city boards or library/city administrations while acting officially as the library/city boards or library/city administrations.

3) Provide a recording(s) of the public discussion(s) of Rule 16 at library/city boards or library/city administrations public meetings.

4) Provide a transcript(s) of the public discussion(s) of Rule 16 at library/city boards or library/city administrations public meetings.

5) Provide minutes of the public discussion(s) of Rule 16 at library/city boards or library/city administrations public meetings.

6) Provide a recording(s) of the public comments(s) involving Rule 16 at library/city boards or library/city administrations public meetings.

7) Provide a transcript(s) of the public comments(s) involving Rule 16 at library/city boards or library/city administrations public meetings.

8) Provide minutes of the public comments(s) involving Rule 16 at library/city boards or library/city administrations public meetings.

9) Provide copies of training materials or example policies that recommend a policy against taking pictures in public of public buildings or the contents of the buildings or people observed in this buildings and that were used in researching, drafting, or promulgating Rule 16.

10) Provide documentation of all "library approvals" that are required by Rule 16.

11) Provide documentation of all library disapprovals given under Rule 16.

12) Provide documentation of the rules by which librarians or library directors are to determine whether or not to grant approval for photography under Rule 16.

13) Provide documentation about how and when library signage is to updated to match the library's online content, such as Rule 16.

14) Provide documentation about which policy is in effect when policy on signage differs from policy online, such as in the case of Rule 16.

To assist in responding, above right shows graphics of Rule 16 absent from policy posted within the library, as it appeared last week, yet present in policy available online.

Now here is the introductory information promised above.

The Texas Public Information Act [TPIA a.k.a. FOIA] gives the public the right to request access to government information. The same applies to the Houston Public Library pursuant to www.houstontx.gov/pia.html that specifically names you as the TPIA contact for the library. Therefore, please respond to the above noncommercial TPIA request in accordance with the law.

I am a reporter on library matters where I publish on both SafeLibraries and on Sexual Harassment of Librarians. As such I may publish anything you send me, and I ask that all fees for the production of TPIA responses be waived, as they have been implicitly in my first request per order of the Texas Attorney General.

Indeed I have written about your library before:
Further, others have written about me with respect to Houston Public Library allowing a convicted pedophile to read to children during Drag Queen StoryTime.  The point is I am a reporter on library matters so I should not be charged a fee.

As to the reduction in fees, "If a governmental body determines that producing the information requested is in the 'public interest' because it will primarily benefit the general public, the governmental body shall waive or reduce the charges." "Shall," not "may."  Source: https://www.texasattorneygeneral.gov/sites/default/files/2018-06/PIA_handbook_2018_0.pdf 194; Gov’t Code § 552.267(a). That this is a matter of public interest is evident by the international media attention the library has received as a result of the library's admitted "oversight" in allowing a registered child sex offender to read to children at Drag Queen StoryTime.

I ask that you send the requested documents in PDF format so they may be easily attached to an email, with the exception of photographs (that should be JPEG), audio files (that should be MP3), and video (that should be MP4 or MOV video files). If the document files are too large to transmit in one single email, I authorize you to transmit them to me either via a free file sharing service such as DropBox or via multiple emails (as many as required to send all of the documents requested).

Where emails are involved, also provide the BCC as well as the CC and the TO. As you know, BCC is for the convenience of the sender, not for circumventing public information laws. If senders/recipients include distribution lists the library created, then please provide the document that lists the individual recipient email addresses in any distribution list; again, distribution lists are for the convenience of the sender, not for circumventing the law. Further, if library business has been conducted via the use of personal emails, then please provide those emails as well. Conducting library business on personal emails is not a valid means for circumventing TPIA.

Any document written or recorded is included as well. That includes voice mails, audio recordings, transcripts or minutes of any public meeting. Library board executive session recordings or minutes are not included in my request if they have not already been made public.

Written or recorded documents also include those made in any telephonic, electronic, or physical meeting with anyone acting on behalf of any library association such as the American Library Association [ALA]. ALA trains librarians that written or recorded documents from ALA-provided trainings, meetings, conferences, etc., are ALA proprietary and may not be released publicly. That ALA claim is false. TPIA controls, not ALA. If a public employee attended anything at public expense, then anything learned/recorded at such an event or as a result thereof has been made public and is discoverable under TPIA no matter what ALA claims. The public has a right to know what business has been conducted at public expense, especially where the library goofed, allowed a pedophile to read stories to children, and is now seeking to expand the drag queen story hour program further.

Be clear ALA top leadership uses personal email to direct librarians to destroy public documents precisely to prevent production under state sunshine laws like TPIA. Example from the private email of the current Interim Director and Deputy Director Deborah Caldwell-Stone, Esq., of the ALA Office for Intellectual Freedom: “Subject: URGENT -­ must delete all documents related to 17 Dec crisis communications workshop .… Remove these from your servers today and destroy hard copies. This is an attempt by two individuals to obtain privileged information …. we cannot allow anything from 17 Dec to be produced in response to FOIA.” Source published here:
Thank you very much for your attention to this matter.

[NOTE: If any librarian wishes to contact me privately/confidentially, perhaps to provide some of this documentation, use SafeLibraries@pm.me.]

--
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Dan Kleinman, Owner of SafeLibraries® brand library educational services
....


NOTE ADDED 13 APRIL 2019:

Yesterday the library offered to provide me a diskette (I asked for documents to be delivered electronically since computers no longer have disk drives) for $19 (I asked for fees to be waived for media) for responses only to #1, #9, and #13 (I asked for 14).

The library's Marketing & PR Manager wrote:
Your documents for your request submitted on March 26, 2019 are ready.  The City was able to locate responsive documents for Items 1, 9 and 13.  No other responsive information was found.  Please see the cost estimate attached.
Here is the email I received plus the attachments:
"No other responsive information was found."  That means either there's no documentation that was found for requests #2-#8, #10-#12, and #14, or they determined the documentation was not responsive.  My requests were clear and specific so I'm going to go with the former, especially since the fast timeline would not have allowed for any public meeting with proper notice to have taken place.

That means I'll be getting documentation of 1) the date policy was updated to include Rule 16 that deems photography to be "reasonably ... expected to disturb others," something I doubt since others the library approves take photographs and movies at a public event in a public library where there's zero expectation of privacy, and at a public exposition, no less, that features public performers making public performances, but I digress.

I'll also get 9) copies of training materials or example policies that recommend a policy against taking pictures in public of public buildings, and 13) documentation about how and when library signage is to updated to match the library's online content.

That's it.

Here's what I will not be getting because "[n]o other responsive information was found": 2) the date/location, 3) recording, 4) transcript, nor 5) minutes of the public meeting where Rule 16 being added to the policy was discussed in public—because it did not occur—and that is a violation of the open public meetings act.  A library simply may not make up policy as it goes.  It is required to discuss policy changes in public.

Similarly, because the public meeting to discuss Rule 16 never occurred as required by law, there's no documentation of 6) recordings, 7) transcripts, nor 8) minutes of public comments made at the meetings that did not exist in violation of the law.

Furthermore, apparently there have been no 10) library approvals nor 11) disapprovals given under Rule 16.  I suppose that is to be expected since the rule is so new.

But documentation already exists that the library has already applied Rule 16 and blocked photography by certain people.  So the library has already applied Rule 16 and apparently never documented that it did so!  The documentation comes from one of the whistleblowers, who the American Library Association labeled as a "censor" during National Library Week—the "censor" is actually being actually censored by an actual government employee, but that's okay with ALA.  Watch the censorship in action:


That recording was published on 14 March 2019 by "MassResistanceHouston Texas," one of the whistleblowers ALA labels as a "censor."  The library is literally censoring the whistleblowers who exposed registered sex offenders, including a pedophile who read to children at Drag Queen StoryTime.

The library could also provide no 12) documentation of the rules by which librarians or library directors are to determine whether or not to grant approval for photography under Rule 16.  So what the library did to block the photography from taking pictures was arbitrary and capricious!

There's also no 14) documentation about which policy is in effect when policy on signage differs from policy online.  Now how was the blocked photographer supposed to know which policy to follow if the library doesn't even know?

I'll have to look into the issue of any open public meetings violations and any First Amendment rights violations, or perhaps other violations, in a future publication, or otherwise refer this matter to someone else interested.

The picture of a library hiding something serious and harmful is slowly coming together despite the library's and the City of Houston's obfuscations.

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