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Plaintiffs Allege Retaliation Over LGBTQ Book Dispute Against Saint Tammany Parish

LOUISIANA RECORD

Sunday, November 24, 2024

Plaintiffs Allege Retaliation Over LGBTQ Book Dispute Against Saint Tammany Parish

Federal Court
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In a recent court filing, plaintiffs William R. McHugh III, Anthony Parr, and Rebecca Taylor have lodged a complaint against Saint Tammany Parish and David Cougle in his official capacity. The complaint was filed on May 20, 2024, in the United States District Court for the Eastern District of Louisiana. The plaintiffs are seeking declaratory relief and an injunction to prevent the enforcement of a St. Tammany Parish Council resolution that seeks to appoint six new members to the St. Tammany Parish Library Board of Control.

The plaintiffs allege that their appointments to the Library Board were disrupted by a smear campaign led by community members and some council members, which culminated in their ouster from their positions. They argue that this action was taken in retaliation for exercising their First Amendment rights and without due process of law. According to the complaint, this controversy began in June 2022 when three library branches featured "Pride Month" displays, which sparked widespread debate over LGBTQ-themed materials available in public libraries.

Library Executive Director Kelly LaRocca explained that residents could file formal complaints about library resources, but only three out of eight complainants did so formally. None sought review by the Library Board. The issue gained further traction at a July 26, 2022 meeting where most attendees supported the Pride displays. However, the focus soon shifted to books with LGBTQ themes.

In August 2022, an advocacy group named Saint Tammany Library Accountability Project (STLAP) was formed with Connie Phillips and David Cougle as co-founders. Phillips lodged numerous complaints targeting specific books while Cougle launched a campaign for Parish Council based on library material issues and won his seat on October 14, 2023.

At subsequent meetings and through various media appearances, STLAP accused Library Board members of approving "pornographic" materials targeting children and demanded reforms including removing certain board members. Despite these accusations, no pornographic or obscene materials were identified by library officials.

Defendant Cougle leveraged a legal technicality regarding staggered terms for board appointments to argue that current appointments were invalid under state law. This led to a resolution introduced on March 7, 2024 by Cougle calling for new nominations to fill what he claimed were vacant positions on the Library Board.

The plaintiffs assert that this move was pretextual and aimed at removing them due to their perceived political affiliations rather than any legitimate legal concern. They claim that such actions constitute retaliation against their protected speech under the First Amendment and discrimination based on viewpoint.

The plaintiffs seek an order declaring the resolution unconstitutional under both federal and state constitutions, an injunction preventing its enforcement, reasonable attorney’s fees and costs as permitted by law, along with any other relief deemed necessary or proper by the court.

Representing the plaintiffs is Bruce Hamilton from Warfield Hamilton Law LLC while details about defendants' attorneys remain undisclosed at this time. The case has been assigned Civil Action No.: 2:24-cv-01300-BSL-EJD with Judge BSL presiding over it.

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