Moms for Liberty, Marchitell seek injunction
Moms For Liberty and the Rev. Jacob Marchitell have asked New York State Supreme Court in Wayne County for an injunction that would remove five books from the Clyde-Savannah Junior-Senior High School library.
In Article 78 paperwork totaling 165 pages that was filed Monday, Moms for Liberty and Marchitell are seeking the immediate removal of the books, which the plaintiffs are calling “sexually explicit and obscene,” until their lawsuit against the school district and the State Education Department to remove them permanently is settled.
The action filed this week asserts that there are “at least five (5) registered members of Moms for Liberty are parents of students currently enrolled in the Clyde-Savannah School District. All five of these members’ children will be exposed and/or have access to these lewd and sexually explicit materials when they visit the District’s Jr./Sr. High School Library and as such, their interests are the same and fully and adequately represented in this petition.”
The books are “People Kill People” by Ellen Hopkins, “It Ends With Us” by Colleen Hoover, “All Boys Aren’t Blue” by George M. Johnson (a memoir), “Red Hood” by Elana K. Arnold, and “Jesus Land: A Memoir” by Julia Scheeres.
The school board followed its policy and convened a committee to review the books when Marchitell first brought his complaint in the spring of 2023. After a review, the committee unanimously determined the material was not pornographic and recommended the books be retained and designated as young adult, or adult for “Jesus Land” and “It Ends with Us.”
After Marchitell again asked for the books to be removed, the board, on Aug. 9, 2023, ignored the committee’s recommendation and pulled them from the shelves. The school’s librarian and another teacher, backed by the New York State United Teachers union, filed an appeal with State Education Commissioner Betty Rosa, asking that the books be returned. Before Rosa could respond, the board again reversed itself, voting Sept. 14 to return them to the library.
Moms for Liberty and Marchitell appealed. Rosa dismissed it April 25, ruling the books could remain in the school library.
In their Article 78, Moms for Liberty and Marchitell argue that the school board, and then the state, erred in their rulings.
“The Board exceeded its authority in arbitrarily deciding to retain these books, which contain obscene depictions of sexually explicit acts,” the paperwork said. “The Board’s action, and the Commissioner’s affirmation of the same was arbitrary, an abuse of discretion, and based on a misapplication of the First Amendment. Petitioners seek a judgment under Article 78 of the Civil Practice Law and Rules and for a preliminary injunction and permanent injunction.”
Previously, Jennifer Williams of Marion, president of the local Moms for Liberty chapter, said that her organization was committed to protecting parents’ rights in determining the direction of their education in public schools. As for Monday’s filing, she said, “as this is an ongoing case, I won’t be making comment until it is finished.”
Williams and Marchitell referred questions to Abigail Southerland, a senior litigation counsel with the American Center for Law and Justice. She specializes in First Amendment litigation and represents clients across the country in state and federal courts. Southerland did not return a request for a comment from the Finger Lakes Times.