Case: 23-50224 Document: 16 Page: 1 Date Filed: 04/25/2023
`
`
`
`No. 23-50224
`In the United States Court of Appeals for the Fifth Circuit
`_____________
`
`Leila Green Little; Jeanne Puryear; Kathy Kennedy; Rebecca
`Jones; Richard Day; Cynthia Waring; Diane Moster,
`Plaintiffs-Appellees,
`
`
`
`
`
`
`
`
`
`v.
`Llano County; Ron Cunningham, in his official capacity as
`Llano County Judge; Jerry Don Moss, in his official capacity
`as Llano County Commissioner; Peter Jones, in his official
`capacity as Llano County Commissioner; Mike Sandoval, in his
`official capacity as Llano County Commissioner; Linda
`Raschke, in her official capacity as Llano County
`Commissioner; Amber Milum, in her official capacity as Llano
`County Library System Director; Bonnie Wallace, in her
`official capacity as Llano County Library Board Member;
`Rochelle Wells, in her official capacity as Llano County
`Library Board Member; Rhoda Schneider, in her official
`capacty as Llano County Library Board Member; Gay Baskin, in
`her official capacity as Llano County Library Board Member,
`Defendants-Appellants.
`
`
`
`
`
`
`_____________
`
`
`
`On Appeal from the United States District Court
`for the Western District of Texas
`Case No. 1:22-cv-424-RP
`_____________
`
`Appendix To Motion For Stay Of Preliminary Injunction
`Pending Appeal And Motion To Expedite Appeal (Vol. 2)
`_____________
`
`
`
`
`
`
`Jonathan F. Mitchell
`Mitchell Law PLLC
`111 Congress Avenue, Suite 400
`Austin, Texas 78701
`(512) 686-3940 (phone)
`(512) 686-3941 (fax)
`jonathan@mitchell.law
`
`Counsel for Defendants-Appellants
`
`
`
`

`

`Case: 23-50224 Document: 16 Page: 2 Date Filed: 04/25/2023
`
`
`
`Table Of Contents
`
`Joint Notice, ECF No. 39 ............................................................................ App. 276
`
`First Declaration of Amber Milum, ECF No. 49-1 ...................................... App. 279
`
`Second Declaration of Amber Milum, ECF No. 53 ..................................... App. 289
`
`Pls.’ Proposed Order Granting Prelim. Inj., ECF No. 76-1 .......................... App. 292
`
`Defs.’ Post-Hearing Brief ............................................................................. App. 295
`
`Defs.’ Sur-Reply .......................................................................................... App. 358
`
`Stipulation of Undisputed Facts .................................................................. App. 491
`
`Opinion and Order Granting Preliminary Injunction ................................... App. 495
`
`
`
`
`
`
`
`
`
`

`

`Case 1:22-cv-00424-RP Document 39 Filed 06/07/22 Page 1 of 3
`Case: 23-50224 Document: 16 Page: 3 Date Filed: 04/25/2023
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`LEILA GREEN LITTLE, JEANNE
`PURYEAR, KATHY KENNEDY, REBECCA
`JONES, RICHARD DAY, CYNTHIA
`WARING, AND DIANE MOSTER,
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`LLANO COUNTY, RON CUNNINGHAM, in
`his official capacity as Llano County Judge,
`JERRY DON MOSS, in his official capacity as
`Llano County Commissioner, PETER JONES,
`in his official capacity as Llano County
`Commissioner, MIKE SANDOVAL, in his
`official capacity as Llano County
`Commissioner, LINDA RASCHKE, in her
`official capacity as Llano County
`Commissioner, AMBER MILUM, in her
`official capacity as Llano County Library
`System Director, BONNIE WALLACE, in her
`official capacity as Llano County Library
`Board Member, ROCHELLE WELLS, in her
`official capacity as Llano County Library
`Board Member, RHONDA SCHNEIDER, in
`her official capacity as Llano County Library
`Board Member, and GAY BASKIN, in her
`official capacity as Llano County Library
`Board Member,
`
`Defendants.
`
`Civil Action No. 1:22-CV-00424-RP
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`JOINT NOTICE REGARDING PLAINTIFFS’
`MOTION FOR EXPEDITED DISCOVERY
`
`
`
`App. 276
`
`1
`
`

`

`Case 1:22-cv-00424-RP Document 39 Filed 06/07/22 Page 2 of 3
`Case: 23-50224 Document: 16 Page: 4 Date Filed: 04/25/2023
`
`
`
`
`
`On June 3, 2022, the Court ordered “the parties to participate in a meet and confer to
`
`attempt to resolve [Plaintiffs’ Motion for Expedited Discovery (ECF No. 23)] without court
`
`intervention and to file a joint notice no later than June 7, 2022, identifying the issues that have
`
`been resolved and the remaining outstanding issues.” (ECF No. 35.) Pursuant to the Court’s June
`
`3, 2022 Order, the parties hereby submit this joint notice informing the Court that the parties
`
`have reached an agreement and that there are no outstanding disputes over Plaintiffs’ expedited
`
`discovery requests.
`
`Having met and conferred, the parties agree to the following:
`
`1.
`
`2.
`
`Defendants hereby withdraw Defendants’ Response in Opposition to Plaintiffs’
`
`Motion for Expedited Discovery (ECF No. 33);
`
`Defendants shall produce documents and respond to Plaintiffs’ written discovery
`
`requests attached as Exhibits 1-3 to Plaintiffs’ Motion for Expedited Discovery
`
`(ECF No. 23-1 through 23-3) by June 21, 2022;
`
`3.
`
`Defendants shall produce Defendant Jerry Don Moss, Defendant Amber Milum,
`
`and Defendant Bonnie Wallace for deposition by June 30, 2022, which will be
`
`limited to four hours each;
`
`4.
`
`Obtaining this discovery does not prejudice Plaintiffs from later seeking
`
`additional discovery or deposing witnesses during the formal discovery phase of
`
`this litigation. By entering into this stipulation, the parties do not waive, and
`
`expressly reserve, the right to take all discovery to which they are entitled under
`
`the Federal Rules of Civil Procedure.
`
`
`
`
`
`2
`
`App. 277
`
`

`

`Case 1:22-cv-00424-RP Document 39 Filed 06/07/22 Page 3 of 3
`Case: 23-50224 Document: 16 Page: 5 Date Filed: 04/25/2023
`
` Dated: June 7, 2022
`
` Respectfully submitted,
`
`By: /s/ Ellen Leonida
`Ellen V. Leonida (CA Bar No. 184194)*
`BraunHagey & Borden LLP
`351 California Street, 10th Floor
`San Francisco, CA 94104
`Tel & Fax: 415-599-0210
`leonida@braunhagey.com
`
`Attorney for Plaintiffs
`
`*admitted pro hac vice
`
`By: /s/ Matthew Rienstra
`
`Matthew L. Rienstra (TX Bar No. 16908020)
`First Assistant County Attorney
`801 Ford Street, Room 111
`Llano, Texas 78643
`Tel. 325-247-7733
`Fax. 325-247-7737
`matt.rienstra@co.llano.tx.us
`
`Attorney for Defendants
`
`3
`
`App. 278
`
`

`

`   
`

  
`
`
`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 1 of 10
`Case: 23-50224 Document: 16 Page: 6 Date Filed: 04/25/2023
`
`
`
`
`Leila Green Little, et al.,
`Plaintiffs,
`v.
`Llano County, et al.,
`Defendants,
`and
`Ee State of Texas,
`Intervenor-Defendant.
`
`
`
`
`
`United States District Court
`Western District of Texas
`Austin Division
`
`
`Case No. 1:22-cv-424-RP
`
`
`
`DECLARATION OF AMBER MILUM
`
`My name is Amber Milum, and I am over the age of 18 and fully competent in all respects
`
`to make this declaration. I have personal knowledge of the matters herein stated.
`
`
`
`1.
`
`I serve as Director of the Llano County Library System, a position I have held since
`
`February 2021. I manage Llano County’s three library branches: the Llano Library, the Kingsland
`
`Library, and the Lakeshore Library. Library staff at each of the three branches report to me, and I
`
`report to the Llano County Judge. As Director, I ensure all aspects of the Llano County Library
`
`System run smoothly. In addition to other responsibilities, I am responsible for ensuring sufficient
`
`staffing at the libraries, ordering supplies and books, and resolving any maintenance and IT issues.
`
`I have worked in the Llano County libraries since 2013. Prior to becoming Director of the Llano
`
`County Library System, I served as the library director for the Kingsland library.
`
`
`
`2.
`
`As Director, I am in charge of ordering books for each of the three libraries and
`
`making sure there is room on the shelves for the new additions. We typically buy around 60 books
`
`per library per month. To determine what books to buy, I consider books and authors that are
`
`popular at the time and also acquire new books that are popular. I typically look at online lists such
`
`as the New York Times Best Sellers list. I also look at the statistics from our libraries to see which
`
`
`
`
`
`
`App. 279
`
`
`

`

`   
`

  
`
`
`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 2 of 10
`Case: 23-50224 Document: 16 Page: 7 Date Filed: 04/25/2023
`
`
`
`authors and topics are in high demand. I also consider feedback from our patrons about which
`
`
`
`
`
`books they would like to see in the libraries. Our patrons have a list of authors they like and can
`
`fill out a form to request that the library purchase any given book. In my selection of books, I try
`
`to make sure that our libraries have a diverse collection so that all citizens of Llano County are
`
`able to check out books that appeal to them.
`
`
`
`3.
`
`The Llano County libraries have a limited amount of shelf space. To make room
`
`for the new books we purchase, we must take other books off the shelves. This is a process called
`
`“weeding,” which is a practice libraries use to ensure their collections remain up-to-date. Weeding
`
`involves removing books from our collection that, among other reasons, have declined in
`
`popularity, have not been checked out often, or are in poor condition. Books that have been weeded
`
`from the Llano County libraries are most often either placed in a “free bin” so that patrons can take
`
`them if they would like to, or they are made available for purchase in book sales. The proceeds
`
`from the book sales go to the Friends of the Library. There is one Friends of the Library
`
`organization associated with each of the three libraries in the Llano County Library System, and
`
`each Friends of the Library organization donates money to its associated library branch.
`
`
`
`4.
`
`At the Llano County Library System, we use the “CREW” method to determine
`
`which books to weed. The “CREW” method is an established weeding guide for modern libraries
`
`that was established in 1976. It is the method taught by the Texas State Library and Archives
`
`Commission, which we look to for guidance. “CREW” is an acronym that stands for “Continuous
`
`Review, Evaluation, and Weeding.” To identify prime candidates for weeding, the CREW method
`
`suggests using the “MUSTIE” factors. “MUSTIE” is an acronym that stands for:
`
`• Misleading (and/or factually inaccurate)
`• Ugly (in poor physical condition)
`• Superseded (by a new editions or better book on the subject)
`• Trivial (of no discernible literary or scientific merit)
`• Irrelevant to the needs and interests of the community
`
`
`
`
`
`
`App. 280
`
`
`

`

`   
`

  
`
`
`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 3 of 10
`Case: 23-50224 Document: 16 Page: 8 Date Filed: 04/25/2023
`
`
`
`
`
`
`
`
`• Elsewhere (information can be obtained expeditiously elsewhere or at no
`cost)
`I use the MUSTIE factors in determining which books I weed from the libraries.
`
`5.
`
`As the “CREW” acronym suggests, weeding is a continual process that is done
`
`throughout the year. At the Llano County libraries, there is a big weed that normally happens
`
`around August of each year. But I, along with the other branch librarians, am constantly on the
`
`lookout for books to be weeded so that our libraries have a current collection for our patrons. A
`
`total of 8,143 books/DVDs were weeded from the Llano County libraries from January 1, 2021,
`
`through March 31, 2022. This is a typical number of books/DVDs to be weeded from our libraries
`
`in a 15-month period.
`
`6.
`
`In the summer of 2021, a number of patrons became concerned about two books
`
`that were on the shelves of the children’s section: “I Broke My Butt” and “My Butt is So Noisy.”
`
`These are illustrated books that show a child’s naked buttocks. The same concerned patrons began
`
`to check these books out repeatedly. As a result, no one else was able to check out the books,
`
`although I am unaware of anyone else who actually wanted to check out these books. I weeded
`
`these two books because they were not being circulated sufficiently to warrant keeping them on
`
`the shelves, not because of the viewpoints or content expressed in either of those books.
`
`7.
`
`Also in the summer of 2021, the library purchased some books that had not yet been
`
`put on the shelves: “I Need a New Butt,” (which I originally discussed with patrons at the same
`
`time of the discussions referenced in the previous paragraph), “Larry the Farting Leprechaun,”
`
`Harvey the Heart Had Too Many Farts,” “Gary the Goose and His Gas on the Loose,” and
`
`“Freddie the Farting Snowman.” I decided to weed these books in July and August of 2021
`
`because I felt they would have the same fate as the “I Broke My Butt” and “My Butt is So Noisy”
`
`books, and that they would not circulate sufficiently if added to the system.
`
`
`
`
`
`
`App. 281
`
`
`

`

`   
`

  
`
`
`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 4 of 10
`Case: 23-50224 Document: 16 Page: 9 Date Filed: 04/25/2023
`
`
`
`
`8.
`
` In the fall of 2021, some members of the community became concerned that there
`
`
`
`
`
`were books in the children’s section that depicted nude children and sexual acts. I was asked by
`
`Commissioner Jerry Don Moss to identify books in the children’s section of the library that
`
`depicted naked children and sexual acts. Two of the books identified were “It’s Perfectly Normal”
`
`and “In the Night Kitchen.” “It’s Perfectly Normal” contains graphic illustrations of naked persons
`
`at various ages, including infants and adolescents. The book also contains illustrations of adults
`
`engaging in sexual intercourse. “In the Night Kitchen” contains illustrations of a naked toddler
`
`whose genitals are depicted throughout the book. In reviewing these two books, I noted they had
`
`been checked out too infrequently to remain on the shelves. “In the Night Kitchen” had been
`
`checked out only a little over once per year since it was purchased in 1999. “It’s Perfectly Normal”
`
`had only been checked out seven times in the fifteen years it had been on the shelves. It had not
`
`been checked out at all since 2018. Since neither book appeared to be in high demand, they were
`
`weeded consistent with my normal weeding procedures. I would have weeded each of these books
`
`regardless of the viewpoints or content expressed in those books, and I would have done so even
`
`if no one in the community had ever complained about them.
`
`9.
`
`In October 2021, members of the community became concerned that children were
`
`able to access books that depict sexual acts through its online database of books at the time:
`
`OverDrive. I was tasked by Judge Ron Cunningham and the Llano County Commissioners to find
`
`a way to implement parental controls on OverDrive. After going back and forth with
`
`representatives from OverDrive, I learned that even if parental controls were implemented, a child
`
`using OverDrive could still easily change the settings to remove any filters. The County Judge and
`
`the Commissioners ultimately decided to terminate access to OverDrive. In January 2022, the
`
`Llano County Library System began the approval and contractual process required to partner with
`
`another online database for books, namely Bibliotheca. That process was completed on March 14,
`
`
`
`
`
`
`App. 282
`
`
`

`

`   
`

  
`
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`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 5 of 10
`Case: 23-50224 Document: 16 Page: 10 Date Filed: 04/25/2023
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`
`
`2022. Bibliotheca (via its CloudLibrary App) significantly more content than OverDrive and is
`
`
`
`
`
`much more user-friendly. After the switch to Bibliotheca, the library was able to block minors
`
`from accessing the online server through our Apollo ILS (Integrated Library System). This had
`
`the effect of allowing a parent to permit their minor child to access any content the parent thought
`
`was appropriate via the parent’s Bibliotheca/CloudLibrary account. Community feedback in
`
`response to the switch from OverDrive to Bibliotheca has been overwhelmingly positive.
`
`10.
`
`Each of the seven plaintiffs is able to access books and library materials on
`
`Bibliotheca through the Llano County Library System, and they have been able to do so since May
`
`9, 2022, when the Bibliotheca/CloudLibrary system went live for library patrons. Each of the
`
`following books is currently available to the plaintiffs in at least one of the following three ways:
`
`(1) On Bibliotheca/CloudLibrary; (2) For check out from the Llano County library system through
`
`Inter Library loan; or (3) For check out directly from the Llano County library system through its
`
`“in-house checkout” system, in which a personal or donated book is made available to library
`
`patrons for check out. The following chart explains the extent to which each of the disputed books
`
`remains available to the plaintiffs for online reading or physical check out:
`
`Title
`
`Author
`
`Availability
`
`of Our
`
`The Origins
`Caste:
`Discontents
`They Called Themselves the K.K.K.:
`The Birth of an American Terrorist
`Group
`Spinning
`In the Night Kitchen
`It’s Perfectly Normal: Changing
`Bodies, Growing Up, Sex and Sexual
`Health
`My Butt is So Noisy!, I Broke My
`Butt!, I Need a New Butt
`
`Wilkerson, Isabel
`
`Bibliotheca/CloudLibrary
`
`Bartoletti, Susan
`Campbell
`
`Walden, Tillie
`Sendak, Maurice
`Harris, Robie
`
`McMillan, Dawn
`
`Inter Library loan
`
`Inter Library loan
`Inter Library loan
`Bibliotheca/CloudLibrary
`
`loan,
`Library
`Inter
`Physical copies available
`for in-house checkout
`
`
`
`
`
`
`App. 283
`
`
`

`

`   
`

  
`
`
`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 6 of 10
`Case: 23-50224 Document: 16 Page: 11 Date Filed: 04/25/2023
`
`
`
`
`
`
`Larry the Farting Leprechaun, Gary
`the Goose and His Gas on the Loose,
`the Farting Snowman,
`Freddie
`Harvey the Heart Has Too Many
`Farts
`Jazz: My Life
`Being
`(Transgender) Teen
`
`as
`
`a
`
`
`
`Bexley, Jane
`
`Jennings, Jazz
`
`Shine
`Gabi, a Girl in Pieces
`
`Freakboy
`
`Myracle, Lauren
`Quintero, Isabel
`
`Clark, Kristin Elizabeth
`
`
`
`loan,
`Library
`Inter
`Physical copies available
`for in-house checkout
`
`Bibliotheca/CloudLibrary
`and one physical copy
`(Currently checked out
`and overdue)
`Inter Library loan
`Inter Library loan, and
`Bibliotheca/CloudLibrary
`Inter Library loan
`
`The Inter Library loan system allows the Llano Library System to order many books that
`
`are not directly available from the Llano libraries. Patrons ask that a librarian process the loan
`
`request, which the librarian orders using the NRE Gateway website. Most patrons are already
`
`aware of the ability to request a book via the loan process, and those patrons that request a book
`
`not currently in the library catalog are informed that a loan is an option. The loan system involves
`
`numerous libraries located in Texas and other states. Loaned books are usually subject to a
`
`nominal postage fee and on average arrive in the Llano library within a few days to several weeks.
`
`11.
`
`In addition to the current availability of these books described in the chart in
`
`paragraph 10, a donor who wishes to remain anonymous has pledged to me that he will donate
`
`physical copies of each of the books listed in the chart for inclusion in Llano County’s “in-house
`
`checkout” if those books are not already available for checkout through that in-house checkout
`
`system. I have promised that donor that I will accept his gift and add each of those books to our
`
`collection of titles available for in-house checkout. This will ensure that each of the plaintiffs can
`
`check out physical copies of each of the disputed books from the Llano County library system
`
`without having to use Inter Library loan or Bibliotheca if they find those alternatives inconvenient.
`
`
`
`
`
`
`App. 284
`
`
`

`

`   
`

  
`
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`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 7 of 10
`Case: 23-50224 Document: 16 Page: 12 Date Filed: 04/25/2023
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`
`
`I will notify the Court immediately when the donor’s gift arrives and the books are added to our
`
`
`
`
`
`in-house checkout collection.
`
`12.
`
`In November 2021, I was forwarded an email from Judge Cunningham that he had
`
`received from Bonnie Wallace. I was not familiar with Bonnie Wallace at the time. The list
`
`attached to the Judge’s November 2021 email contained a list of 59 books that were either on the
`
`library shelves or available on OverDrive. 12 books were on OverDrive and 47 books were in the
`
`physical libraries. I was not instructed to do anything with respect to the books on the list, but I
`
`decided to review them out of curiosity. I reviewed each of the 47 physical books and in the
`
`process, I discovered that 6 of the books should be weeded: “Freakboy,” “Shine,” “Caste: The
`
`Origins of our Discontents,” “Gabi, a Girl in Pieces,” and “They Called Themselves the K.K.K.:
`
`The Birth of an American Terrorist Group.” The remaining 41 books did not meet the criteria for
`
`weeding and seemed to be relatively popular with our patrons. I therefore decided to leave those
`
`41 books on the shelves so our patrons could continue to check them out. My decision to weed the
`
`six books had nothing to do with the viewpoints or content expressed in any of those books. I
`
`would have weeded each of those six books regardless of the viewpoints or content expressed in
`
`those books, and I would have done so even if no one in the community had ever complained about
`
`them. These books were either put into our book sale shelf and sold to patrons or donated to a
`
`local book resale shop.
`
`13.
`
`“Freakboy” was weeded because it had been checked out only once since it was
`
`added to the library’s collection in 2015. The last and only time it was checked out was June 13,
`
`2016. “Spinning” was weeded because it had been checked out only four times since it was added
`
`to the library’s collection in 2018 and had not been checked out at all in the last two years. “Gabi,
`
`a Girl in Pieces” was weeded because it had been checked out only three times since it was added
`
`to the library’s collection in 2016, and it also had not been checked out at all in over two years.
`
`
`
`
`
`
`App. 285
`
`
`

`

`   
`

  
`
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`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 8 of 10
`Case: 23-50224 Document: 16 Page: 13 Date Filed: 04/25/2023
`
`
`
`“They Called Themselves the K.K.K.: The Birth of an American Terrorist Group” was weeded
`
`
`
`
`
`because it had only been checked out twice since it was added to the library’s collection in 2011,
`
`and it had not been checked out at all since 2011. It is expected that books be checked out multiple
`
`times per month to avoid being weeded. I weeded these books so that we could make room for
`
`other books that would be more popular with our patrons.
`
`14.
`
`“Shine” was weeded because it had only been checked out nine times over a ten-
`
`year period. I do not recall exactly why “Caste: The Origins of Our Discontents” was weeded.
`
`However, given it was only in the library system for a year, it is most likely that the book was
`
`weeded due to physical damage. Furthermore, as of May 9, 2022, this book is available for
`
`checkout via the Bibliotheca/CloudLibrary system.
`
`15.
`
`I did not consider the content of any of the books I weeded when I made the decision
`
`to weed them. I also did not consider any of the viewpoints expressed in any of the books I weeded.
`
`I weeded the books based on the objective criteria I always use in determining which books to
`
`weed.
`
`16.
`
`I was never instructed or pressured by the County Judge or any of the County
`
`Commissioners to weed or otherwise permanently remove any books from the Llano County
`
`libraries. I was also never instructed to remove any books from the libraries by the Llano County
`
`Advisory Board. The advisory board has no authority to direct me to perform any acts. The
`
`advisory board also does not have authority to pre-approve any book purchases. Those decisions
`
`are made by me only. I am aware that the Judge referenced “pulling” books with nudity or sexual
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`content in at least one email to me. My understanding of “pulling” in that context was that the
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`books were to be pulled from the shelves and reviewed to determine the appropriate section of the
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`library in which they should be shelved, such as the adult, young adult, or children’s sections.
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`App. 286
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`

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`   
`

  
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`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 9 of 10
`Case: 23-50224 Document: 16 Page: 14 Date Filed: 04/25/2023
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`17.
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`In December, the libraries were closed to the public for three days to organize the
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`
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`books in the libraries and re-label some of the books. As part of the organization process, my staff
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`and I ensured that any books depicting nudity or sexual acts were properly labeled and placed in
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`appropriate sections of the library. No book was removed based on its content or viewpoint during
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`this process.
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`18.
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`Each of the plaintiffs claims that they “cannot check out” the books listed in the
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`chart in paragraph 10 “because they are no longer on library shelves.” Day Decl., ECF No. 22-2,
`
`at ¶ 4; Jones Decl., ECF No. 22-3, at ¶ 3; Kennedy Decl., ECF No. 22-4, at ¶ 3; Little Decl., ECF
`
`No. 22-5, at ¶ 3; Moster Decl., ECF No. 22-7, at ¶ 3; Puryear Decl., ECF No. 22-9, at ¶ 3; Waring
`
`Decl., ECF No. 22-11, at ¶ 3. Those statements are false. Each of the plaintiffs can check out
`
`physical copies of the following books through Inter Library loan: They Called Themselves the
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`K.K.K.: The Birth of an American Terrorist Group by Susan Campbell Bartoletti; (2) Spinning by
`
`Tillie Walden; (3) In the Night Kitchen by Robie Harris; (4) My Butt is So Noisy!, I Broke My
`
`Butt!, and I Need a New Butt by Dawn McMillan; (5) Larry the Farting Leprechaun, Gary the
`
`Goose and His Gas on the Loose, Freddie the Farting Snowman by Dawn McMillian; (6) Shine
`
`by Lauren Myracle; (7) Gabi, a Girl in Pieces by Isabel Quintero; and (8) Freakboy by Kristin
`
`Elizabeth Clark. Each of the plaintiffs can also check out physical copies of the following books
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`directly from the Llano County libraries: (1) My Butt is So Noisy!, I Broke My Butt!, and I Need a
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`New Butt by Dawn McMillan; (2) Larry the Farting Leprechaun, Gary the Goose and His Gas on
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`the Loose, Freddie the Farting Snowman by Dawn McMillian.
`
`19.
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`In addition, each of the plaintiffs will be able to check out physical copies of every
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`book listed in in paragraph 10 as soon as we receive the promised gift from the anonymous donor
`
`mentioned in paragraph 11.
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`
`
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`
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`App. 287
`
`
`

`

`   
`

  
`
`
`Case 1:22-cv-00424-RP Document 49-1 Filed 07/15/22 Page 10 of 10
`Case: 23-50224 Document: 16 Page: 15 Date Filed: 04/25/2023
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`20.
`
`All the facts and information contained within this declaration are within my
`
`
`
`
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`personal knowledge and are true and correct.
`
`Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
`
`and correct.
`
`  
`Executed on __________________ in Llano, Texas.
`
`
`
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`
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`
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`_________________________________
` AMBER MILUM
`
`
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`
`
`App. 288
`
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`

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`     


`

  
`
`Case 1:22-cv-00424-RP Document 53 Filed 07/23/22 Page 1 of 3
`Case: 23-50224 Document: 16 Page: 16 Date Filed: 04/25/2023
`
`U N I T E D S T A T E S D I S T R I C T C O U R T
`F O R T H E W E S T E R N D I S T R I C T O F T E X A S
`A U S T I N D I V I S I O N
`
`
`
`
`Leila Green Little, et al.,
`
`Plaintiffs,
`
`v.
`
`Llano County, et al.,
`
`Defendants.
`
`
`
`
`
`
`Case No. 1:22-cv-00424-RP
`
`
`
`
`
`
`
`
`
`
`
`
`SUPPLEMENTAL DECLARATION OF AMBER MILUM
`1. My name is Amber Milum. I am over the age of 18 and fully competent in all
`respects to make this declaration.
`2. I have personal knowledge of the facts stated in this declaration, and all of
`these facts are true and correct.
`3. On Thursday, July 21, 2022, I received physical copies of each of the following
`nine books from a donor who wishes to donate these books to the Llano County
`Library System:
`
`• They Called Themselves the K.K.K.: The Birth of an American Terrorist
`Group by Susan Campbell Bartoletti
`
`• Gabi, a Girl in Pieces by Isabel Quintero
`
`• Shine by Lauren Myracle
`
`• Caste: The Origins of Our Discontents by Isabel Wilkerson
`
`• It’s Perfectly Normal: Changing Bodies, Growing Up, Sex, Gender, and
`Sexual Health by Robie H. Harris
`
`• Being Jazz: My Life as a (Transgender) Teen by Jazz Jennings
`
` •
`
` Spinning by Tillie Walden
`
`!"##$%&%’()$ &*$"& +%,$)-)(*.’
`
`
`
`App. 289
`Page 1 of 3
`
`

`

`     


`

  
`
`Case 1:22-cv-00424-RP Document 53 Filed 07/23/22 Page 2 of 3
`Case: 23-50224 Document: 16 Page: 17 Date Filed: 04/25/2023
`
` •
`
` In the Night Kitchen by Maurice Sendak
`
` •
`
` Freakboy by Kristin Elizabeth Clark
`4. I am adding each of these nine books to the Llano County Library System’s
`“in-house checkout” system, in which a personal or donated book is made available
`to library patrons for check out. Each of these books will be made available to the
`plaintiffs (and other library patrons) for check out by no later than Wednesday, July
`27, 2022.
`5. This means that the plaintiffs can check out physical copies of each of the
`disputed books from the Llano County Library System without having use Inter
`Library loan or Bibliotheca if they find those alternatives inconvenient.
`
`This concludes my sworn statement. I declare under penalty of perjury that the
`foregoing is true and correct.
`
`
`  
`Dated: ______________
`
`
`
`____________________________________
`
` A!"#$ M%&’!
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`!"##$%&%’()$ &*$"& +%,$)-)(*.’
`
`
`
`App. 290
`Page 2 of 3
`
`

`

`Case 1:22-cv-00424-RP Document 53 Filed 07/23/22 Page 3 of 3
`Case: 23-50224 Document: 16 Page: 18 Date Filed: 04/25/2023
`
`CERTIFICATE OF SERVICE
`I certify that on July 23, 2022, I served this document through CM/ECF upon:
`
`E!!"# V. L"$#%&’
`M’(()"* B$+&"#
`J. N$’) H’,"-
`S’+’) S’!$.$#
`P+’(%/ G)$0)
`A.- S"#%’
`BraunHagey & Borden LLP
`351 California Street, 10th Floor
`San Francisco, CA 94104
`(415) 599-0210
`leonida@braunhagey.com
`borden@braunhagey.com
`hagey@braunhagey.com
`salomon@braunhagey.com
`ghosh@braunhagey.com
`senia@braunhagey.com
`
`R-’# A. B$(/%#
`K ’()"+%#" P. C)%’+"!!$
`M’+1’ A."!%’ C’!’2
`Wittliff | Cutter PLLC
`1209 Nueces Street
`Austin, Texas 78701
`(512) 960-4730 (phone)
`(512) 960-4869 (fax)
`ryan@wittliffcutter.com
`katherine@wittliffcutter.com
`mac@wittliffcutter.com
`
`Counsel for Plaintiffs
`
`
`
`
`
` /s/ Jonathan F. Mitchell
`J$#’()’# F. M%(3)"!!
`Counsel for Defendants
`
`!"##$%&%’()$ &*$"& +%,$)-)(*.’
`
`
`
`App. 291
`Page 3 of 3
`
`

`

`Case 1:22-cv-00424-RP Document 76-1 Filed 10/27/22 Page 2 of 4
`Case: 23-50224 Document: 16 Page: 19 Date Filed: 04/25/2023
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`LEILA GREEN LITTLE, JEANNE
`PURYEAR, KATHY KENNEDY, REBECCA
`JONES, RICHARD DAY, CYNTHIA
`WARING, AND DIANE MOSTER,
`
`
`Plaintiffs,
`
`
`
`Civil Action No. 1:22-cv-00424-RP
`
`
`
`
`
`[PROPOSED] ORDER GRANTING
`PLAINTIFFS’ MOTION FOR
`PRELIMINARY INJUNCTION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`The Court, having reviewed all materials submitted in support of and in opposition to
`
`v.
`
`
`LLANO COUNTY, RON CUNNINGHAM, in
`his official capacity as Llano County Judge,
`JERRY DON MOSS, in his official capacity as
`Llano County Commissioner, PETER JONES,
`in his official capacity as Llano County
`Commissioner, MIKE SANDOVAL, in his
`official capacity as Llano County
`Commissioner, LINDA RASCHKE, in her
`official capacity as Llano County
`Commissioner, AMBER MILUM, in her
`official capacity as Llano County Library
`System Director, BONNIE WALLACE, in her
`official capacity as Llano County Library
`Board Member