ACLU sues central Washington libraries

SPOKANE — The American Civil Liberties Union is suing the North Central Regional Library District to ensure adults, upon request, get unfiltered access to the Internet.

The ACLU of Washington's lawsuit, filed Thursday in U.S. District Court in Spokane, was brought on behalf of three individuals and the Bellevue-based Second Amendment Foundation because of the rural library district's policy of refusing to disable Internet filters for adults. Two of the individual plaintiffs live in Okanogan County, while the third lives in Ferry County.

"(The policy restricts) the ability of speakers, content providers and patrons of North Central Regional Library District's public library branches to access the contemporary marketplace of ideas," according to the ACLU lawsuit.

The ACLU and plaintiffs seek to end what they call an "unlawful form of censorship."

ACLU Legal Director Sarah Dunne said, "Community libraries are a valuable resource for a wide variety of information. Libraries should not deny adults using publicly available computers the opportunity to view research material and other lawful information."

Dean Marney, director of the library district based in Wenatchee, said they are transitioning to newer and less-restrictive Internet filters. The original filtering software, he said, was chosen because it was commonly used in schools.

"Our ultimate goal is protecting kids. Most adults understand that and appreciate it," he said. "We feel like we have to err on the side of protecting kids."

With the new software, currently in use in most Grant County branches, Web sites deemed "legitimate" can be unblocked for patrons, he said.

The library district's Internet policy states all access on their computers must be filtered. They are not required to disable the filters, he said.

Libraries in Grant County, Marney pointed out, are generally smaller in size. Computer screens are visible to others in the library, not just the person currently using it.

"We're not making a judgment on private behavior," Marney said. "What we're saying is there is private behavior and public behavior. (The library) is a public place."

Doug Honig, an ACLU spokesman in Seattle, said the library district was sued because it has operated the most restrictive Internet system in the state.

"(Changing filtering systems is) a step in the right direction, but it doesn't resolve the concerns," Honig said. "Our view, backed by court decisions on this (issue), is that if an adult requests unfiltered access, the library should grant that, period."

Libraries receiving money for Internet access through two specific federal programs must be able to block minors from viewing visual depictions of sexual activity.

Honig said the U.S. Supreme Court interpreted the law to mean libraries should disable filters upon the request of an adult.

Libraries, especially smaller branches, could use screens around computers designated for Internet browsing, Honig said. Screens would prevent kids and others from inadvertently seeing Internet material they might find offensive.

The plaintiffs in the lawsuit include:

? Sarah Bradburn, a resident of Republic and student at Eastern Washington University, who insists she was blocked while using the library district's computers to do academic research on drugs and alcohol.

? Pearl Cherrington, a resident of Twisp and a professional photographer, said she was blocked while conducting Internet research on art galleries and health issues.

? Charles Heinlen, a resident of Okanogan, claims he was unable to access a Web log, or "blog," he maintains on MySpace. He was also blocked from accessing information relating to gun use by hunters.

? The Second Amendment Foundation, a nonprofit organization with more than 600,000 members nationwide, contends the library district blocked online access to Women & Guns, a Foundation-sponsored magazine.

The district includes 28 community libraries throughout Chelan, Douglas, Ferry, Grant and Okanogan counties.