• • • The Samuels Public Library (as Samuels Library, Inc.) is a non-profit 501(C)(3) corporation organized for charitable and educational purposes, and donations are tax-deductible.

• • •  Out of the 93 public libraries in Virginia, 21 or 22% are non-profit corporations. These libraries tend to be rural with a strong base of support through community partnerships,  volunteer hours, and private donations. Samuels’ policies and acquisition procedures are comparable to other State libraries.

• • • The library is funded through a combination of State, County, private, business, civic, and corporate donations as well as in-kind donations of volunteer time for a total of $1,348,271 total revenue. In 2002, the County provided $1,003,100 (74.39%), State $173,220 (12.8%), and donations/ fundraising/other $171,951 (12.75%).
      
      

    • Last year volunteers donated 7,241 hours or $108,615 in in-kind donations at $15/hour. The Board of Trustees donated over  4500 hours or $90,000 in in-kind donations at $20/hour. Every volunteer hour and every dollar donated is an indication of support for the library.

• • • Samuels Public Library is governed through its bylaws with a stated mission to bring people, information, and ideas together to enrich lives and build community.

• • • The library is staffed by librarians with advanced college degrees in Library Science, a strong commitment to the community, and dedication to facilitating access to information for all patrons.

• • • The library is managed by a governing Board of Trustees, which sets goals and priorities, secures funding, employs a competent and qualified Library Director, aligns with the Library of Virginia, reviews financial reports, serves on committees, and supports the library’s services.

• • • The Board is a cross-section of the community whose members work in business, technology, education, management, accounting, military, and civic organizations and donate their time, experience, and knowledge to further the library’s mission.

• • • The Board must respect the First Amendment, be non-discriminatory, use the legal definitions for pornography and obscenity, follow policies and procedures in its bylaws, and adhere to Virginia State Library’s Plan for Library Excellence

• • • The library’s current structure is cost-effective; for example, last year it had below-average per capita spending with above-average library visits and program attendance. In 2017, the Board of Supervisors reviewed the library’s structure and determined that it was most cost-effective as a non-profit corporation.

Who can get a free Samuels Public Library card?

·         Warren County residents and property owners, students in Warren County public and private schools, and individuals who have permanent employment in Warren County are eligible to receive a free library card.

·         Children under the age of 18 must have a parent or legal guardian sign the Samuels Public Library.

·         Residents in surrounding counties may also be eligible depending on the reciprocity agreement with each county.

Can children get their own library card?

·         Yes, but parents/guardians are still responsible for what books or other library materials that the children use and take out from the library.

·         Not all materials in the library are suitable for all children of all ages.

·         It is the parents' responsibility to screen materials and find appropriate ones for their children.

Are there new children’s library cards being developed?

·         There are three options for parents beginning July 11, 2023.

·         Juvenile Limited only allows access to the children’s section for only physical books (no electronic access)

·         Young Adult Limited allows children to take out books (no electronic)  from the Young Adult section as well.

·         The Unrestricted card is for older teens and college students and will grant access to all books in the library, including the adult side of the library.

·         The New Adult section is in the adult area of the library. 

Are there any other tools available to parents/guardians to help them find appropriate books for their children?

·         The library’s catalog has a wealth of information.

o   Simply go to the book title and click on “Full Display.” The entry gives a summary of the book title and intended audience by age and grade level.

o   It also includes “Subjects” which allows the user to screen the book for topics that might not be appropriate for a certain child. 

·         The librarians and staff are also great resources and available to help patrons with kindness and respect. They can explain how to use the library’s catalog, demonstrate how to access non-print media, and explain where certain subjects are found according to the Dewey Decimal system.

Samuels Public Library is committed to a diverse collection that reflects the library’s mission to bring people, information, and ideas together to enrich lives and build community.

•  Materials are chosen using industry reviews and statistics based on intrinsic merit, subject matter, and community interest.

• Flexibility and open-mindedness are exercised during the evaluation process.

• Materials are selected to present an array of opinions on a subject and are judged as a whole rather than on isolated passages.

• The library follows the American Library Association’s Library Bill of Rights and ALA’s Freedom to Read and Free Access to Libraries for Minors statements.

The Library of Virginia is one of the oldest agencies of the Virginia government, founded in 1823.

• In 2022, the Library of Virginia provided Samuels Public Library $173,220 in funding.

• Offers consulting services to Virginia's public libraries through statistical analysis and recommendations for excellence.

• Its  Planning for Library Excellence: Standards for Virginia Public Libraries includes recommendations for collections and services.

• It believes that a successful collection embodies the principle of free access to ideas on all sides of an issue.

• Excellence standards include service policies, access, and programming that is immune to ideological, political, or religious censorship and commercial pressures.

• Library services include being a community information hub where people come together to exchange information and ideas through programming and interactive learning,

Any patron can submit a Request for Reconsideration form to have a book reviewed.

Simply ask at the reference desk for the form and details about the policies and procedures related to that request.

The library has always encouraged patrons to recommend books for the collection.

Stop by the reference desk for a copy of the request form.

Additional information and resources can be found at:

Samuels Public Library

Library of Virginia

Fifty-three out of 20,461 patrons (0.25% of patrons) have flooded the library with Request for Reconsideration forms to challenge books with LGBTQ content and severely disrupt the normal operations of the library and harass the librarians and staff.

Each Young Adult book that goes through the process of being reconsidered costs approximately $720 in staff time (36 hours x $20) and $600 in in-kind donation of volunteer time from the Board of Trustees (30 hours x $20). Total for all 134 books being challenged equals $96,480 in staff time and related costs and $80,400 in in-kind volunteer time.

The challenges are not in good faith. The frivolous use and weaponization of the Request for Reconciliation wastes valuable Library resources and staff time, jeopardizes the standing of the library in the community, and may lead to a drop in donations and volunteer support.

Private donations and community support are a key factor in the success of the library. The wall honoring donors at the entrance to the library represents at least $1.2 million from businesses, corporations, service and civic organizations, industry, and individuals.

Last year volunteers donated 7,241 hours which represents $108,615 in in-kind donations to the library at $15/hour. As a volunteer panel donating 15 hours per month on average per member, The Board of Trustees donated a minimum of 4500 hours to the library at $20/hour which represents a minimum of $90,000 in in-kind donations of time.

Warren County is still under financial pressure from the EDA scandal and cannot afford to risk lawsuits that might result from violating the civil rights of our individuals.

Warren County has already committed $10,000 to legal fees. The library has allocated $25,000 to fight the challenges. This is just the beginning of the financial implications of these book challenges.

In 2017 the Board of Supervisors created an Ad Hoc Committee to examine the management structure of the library and explore potential options to save County taxpayer money. The results of the study determined that: 1) the library is a source of pride and widely used, 2) the library has comparable expenditures to other libraries in the geographic area, 3) the library is more cost-effective in its current structure than if it placed under direct County management.

The library is a testament to the power of combining County, State, and private donations, community partnerships, and in-kind donations of time to leverage the most cost-effective use of resources and management of the library to serve County residents.

• • • All the books in question are being challenged because they contain LBGTQ content.

• • • According to a 2019 Gallup polling, 3.9% of Virginians are LGBTQ and 25% of them are raising children.

• • • Approximately 1596 LGBTQ living and paying taxes in Warren Co. (population 40,925) with about 399 children with at least one LGBTQ parent. 

• • • Just as all individuals, including Black, disabled, and elderly, in Warren County have civil rights that protect them from discrimination, LGBTQ individuals have equal civil rights under the law.

• • • The Virginia Values Act of 2020 and the Virginia Human Rights Act clearly state that:

      • • It is unlawful to discriminate based on sex, sexual orientation, or gender identity in places of public accommodations, including libraries.

• • •  A  personal or religious belief that transgender is wrong is not a valid reason to discriminate against an individual  who is transgender according to Virginia law.

• • • Attempts to segregate books for no other reason than they portray LGBTQ people in a positive light, is discriminatory and a violation of civil rights.

• • • Removing books without regard to the legal implications opens Warren County legal liability and the attorney and court costs involved in a legal battle.

• • • Warren County is still fighting to recoup losses from the EDA scandal and is in no position to incur additional legal liabilities and still be fiscally responsible.

• • • Gender Queer and A Court of Mist and Fury are two books on the Request for Reconsideration forms demanding removal because of LGBTQ content.

• • • In 2022, a Virginia court case attempted to ban these books from the Virginia Beach library.

• • • In August 2022, Virginia state court judge dismissed the petitions against these two books because it violated First Amendment free speech rights and the constitutional right to due process.

• • • The ACLU, the ACLU of Virginia, American Booksellers for Free Expression, Association of American Publishers Inc., Authors Guild, Inc., Freedom to Read Foundation, American Library Association and Virginia Library Association supported the lawsuit and would probably be involved in any future lawsuits regarding these titles.

THE VIRGINIA HUMAN RIGHTS ACT (Virginia Code §2.2-3900 -  §2.2-3909)

(Summary emphasizing how the Act relates to LGBTQ individuals and to public accommodations, such as a public library)

 It is the policy of the Commonwealth to:

• • • Safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, sexual orientation, gender identity, military status, or disability in places of public accommodation, including educational institutions.

• • • Preserve the public safety, health, and general welfare and further the interests, rights, and privileges of individuals within the Commonwealth, and protect citizens of the Commonwealth against unfounded charges of unlawful discrimination.

• • • The term "gender identity," when used in reference to discrimination in the Code and acts of the General Assembly, means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.

• • • The term "sexual orientation," when used in reference to discrimination in the Code and acts of the General Assembly, means a person's actual or perceived heterosexuality, bisexuality, or homosexuality.

• • • “Place of public accommodation" means all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, or accommodations.

• • • It is an unlawful discriminatory practice for any person, including the owner, manager, or employee of any place of public accommodation, to refuse or attempt to refuse, withhold from, or deny any individual, directly or indirectly, any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodation.

• • • It is also unlawful to segregate or discriminate against any such person in the use thereof, or to publish, circulate, issue, display, post, or mail, either directly or indirectly, any communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, privileges, or services of any such place shall be refused, withheld from, or denied to any individual.

• • • Contact the Office of Civil Rights by phone at (804)786-2071 or by email at CivilRights@oag.state.va.us to file a complaint.

(Sources for information: Jason S. Miyares, Attorney General of Virginia, Office of Civil Rights, and the Virginia Legal Code.)

THE VIRGINIA VALUES ACT OF 2020

The Virginia Values Act is landmark civil rights legislation that makes Virginia the first state in the South to have nondiscrimination protections for lesbian, gay, bisexual, transgender, and queer (LGBTQ) people.

In addition to adding nondiscrimination protections for LGBTQ people in existing law, it created all-new protections from discrimination in employment and places of public accommodation on the basis of race, color, religion, national origin, sex, pregnancy, childbirth, or related medical conditions, age, sexual orientation, gender identity, marital status, disability, or status as a veteran.

The Virginia Values Act defines a place of public accommodation as all places or businesses offering or holding out to the general public goods, services, privileges, facilities, advantages, or accommodations,  including libraries, educational facilities, and government buildings.

Under the public accommodations law, any place or business that is open to the public is prohibited from discriminating against anyone on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, sexual orientation, gender identity, marital status, disability, or status as a veteran.

Protections in public spaces are critical to ensure that LGBTQ people are able to participate fully in their communities and, most importantly, go about their daily lives without the harm or fear of discrimination.

These rights are enforceable by filing a complaint with the Virginia Department of Human Rights.

Popular support for LGBTQ nondiscrimination remains extremely high. A poll fielded at the end of 2019 reported 72% of Virginians surveyed support nondiscrimination laws covering places of public accommodations, including 53% of Republicans. Support was not limited to Northern Virginia and the Richmond suburbs; there was majority support in the Shenandoah region with 64% support for public accommodations protections.  

The Virginia Values Act and the Virginia Human Rights Act align with the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990

(Summary based on the article “The Virginia Values Act: A Landmark Civil Rights Legislation Leapfrogs Virginia into a Leader on Equality” by Sarah Warbelow and Cathryn Oakley, 2021  Richmond Public Interest Law Review)

The American Library Association (ALA) is the oldest, largest, and most influential library association in the world with more than 50,000 members who are librarians,  trustees, publishers, and other library supporters.

ALA is committed to:

• Promoting the highest quality library and information services with public access to information.

• Defending the right of library users to read, seek information, and speak freely as guaranteed by the First Amendment.

• Increasing public awareness of the crucial value of libraries and librarians.

• Promoting state and national legislation beneficial to libraries and library users.

• Encouraging continuous, lifelong learning for all people through library and information services of every type.

• Supplying resources, training, and support networks needed by local advocates seeking to increase support for libraries.

•  Providing the full range of information resources needed to live, learn, govern, and work.
  
  

• Advocating for funding and policies that support libraries as great democratic institutions by serving and employing people of every age, income level, location, ethnicity, or physical ability.

• Encouraging libraries to help children and adults develop the computer literacy skills that are essential in a global information society.
    

• Remaining an organization that is inclusive, effective, and responsive to the needs of ALA members.

• Recruiting people of color and people with disabilities to the profession and developing of library collections and services for all people

• Transforming libraries and library services into a dynamic and increasingly global digital information environment.

(Summary taken from American Library Association website)

• • • In order to disqualify published material from First Amendment protection on the grounds of obscenity, the material must meet all three criteria in the three-pronged Miller Test. The three criteria are these:

• • • • • o   the average person, using "contemporary community standards," would find that the whole work "appeals to prurient interest";

• • • • • the work "depicts or describes in an offensive way, sexual or excretory functions" as defined by state law; and

• • • • • the work "lacks serious literary, artistic, political, or scientific value." All three provisions must be met to find a work obscene and undeserving of First Amendment protections.

• • • The Miller Test, established in the 1973 case, Miller v. California, is used to determine whether published materials are protected under the free speech provision of the First Amendment or whether they are punishable as obscene under applicable state laws.

• • • In Miller v. California, a California publisher, Malcolm Miller, challenged his misdemeanor conviction for allegedly sending unsolicited obscene materials through the mail, violating a California obscenity statute. Miller challenged the conviction on First Amendment grounds. While the Court upheld the state statute and the conviction, it devised a three-pronged test, known as The Miller Test, for defining obscenity in legal proceedings.

• • • In Miller v. California, the California statute prohibiting obscenity was upheld, as was Miller's conviction under said statute. However, The Miller Test, a three-pronged determinant for defining obscenity, was devised. The Supreme Court, after Miller, generally deferred to states in judging the First Amendment merits of allegedly obscene materials. This standard has faced increased scrutiny with the advent of online publishing.

(From https://study.com/learn/lesson/miller-v-california-summary-ruling.html)