Library board tables flag issue after feeling lawyer was using scare tactic in discussion

 “I don’t appreciate the manner in which this was delivered,” Ware County Library Board Member Candice Rice said during Monday’s Regional Library Board meeting. Rice was referencing paperwork the board received from attorney Wade W. Herring II from HunterMaclean Attorneys in Savannah prior to the May 1 meeting. The attorney tried to make a point of the library being sued if changes to any flags were made. “This is intimidating and almost bullying, and I am aggravated in the manner it was delivered,” said Rice with several 100 citizens in attendance. “I was made to feel I had to keep it quiet and be bullied. The community should see this.” Fellow board members backed Rice up after the attorney told her that it was their choice on sharing the information with the public. Rice also stated that the board has a petition for 2,600 signatures from people who do not want these (pride flag) displays. “I feel like I have an obligation to represent them (community). So, before I vote on this, I hope my board will postpone this vote so we can seek other legal representation because there is a lot of people in this community that this doesn’t reflect their values.” Attorney Herring referred to the petition stating “just because the majority says something, it can not mean the majoirty gets to oppress or violate rights of the minority. “The loudest people that showed up, their voice doesn’t control what you can do in a public forum.” Board member Kaye Riley followed Rice by saying, “some things just doesn’t belong in a public library, even material such as a Confederate flag or Black Lives Matter.” Riley was also displeased with the presentation of the attorney. “Your letter and presenttation to me felt like a scare tactic,” she said to Herring. “It didn’t seem to be neutral in any way or presented as legal advice ... it was one-sided. Hearing what you were saying, there is only one way to vote. So, I feel like Ms. Rice, I want to get more opinions. “We were judged and voted on to be on this trustee board to have the libraries in our best interest for the community. Everyone is welcome, but all of the displays should not be in a public place.” The meeting began with 13 public comments on both sides of the argument concerning the controversial flag display. “A lot of people like to harp on this being a Christian Nation and founded on God,” said Jennifer Hersey, one of the 13 conconcerned citizens who spoke. “If they utilize the library for accurate history, they would see while some of the colonizers did identify as Christians, their purpose was to establish religious freedom and seperation of Church and State, not cumpolsory religion.” Jake Strickland commented his position. “It is not us who are overreaching, but the Sodomites in this area,” stated Strickland. “They are the ones pushing their agenda into the libraries in our region instead of keeping this place a neutral ground as it always has been. They want to be catered to.” Attorney Herring began his opening statements saying libraries are for education, which includes exposure to new ideas, even ideas that we don’t like. “What if you develop a policy that says no rainbows?” Herring pondored to those in attendance. “Let’s say goodbye to the story of Noah and the Ark, God’s covenenant that He would not wipe out the surface of the earth with water, say goodbye to the Wizard of Oz ... The Muppet movie ... Skittles candy ... Leprechauns ... on and on and on and on.” He went on to state this would prohibit displays on sexuality, “No displays for Mother’s Day or Father’s Day, and there would be no mothers or fathers without sex.” No displays about birthdays, “there are no birthdays without somebody having sex.” No display about Christmas because “Jesus’ mother was a virgin.” Board member Evelyn Denton spoke up at this point and said “I thought we were getting legal advice, this sounds like a public comment.” The attorney interrupted her argument and said, “I appeal to you as a lawyer, who’s trying to help you see the practical consequences of your actions — don’t do it. “What is very very clear is the first ammendment prohibits regulation of library displays based upon ideology points of view. If you adopt a regulation restricting displays in a library, that will lead to other kinds of restrictions and you will be sued ... you will be sued in an individual and official capacity and sued in Federal court. “The law is clear in this regard, it’s not really up for debate.” Herring then noted they (Ware County Library Board) don’t have insurance to protect them and “at this point it is about too late to seek insurance.” “If you try to find insurance now, I’m not sure you’ll be able to,” the attorney stated. Herring noted it (lawsuit) will hit them in the pocketbook and it’ll hit them hard. Near the end of the meeting the pride flags were brought up again, Denton posed the question “that if she is neutral and she says no displays, or have other displays in the library can she be sued?” The attorney replied with “yes ma’am.” Herring stated they (board) could still be sued for making an effort to make the library neutral. After the attorney retired his “you will be sued” phrase, Herring’s attention then moved to the bathroom issue. “Bathrooms are uncertain (to a certain law or lawsuit), but as a practical matter, if you were to pass a rule that says you have to use the bathroom of the sex that you are assigned at biological birth, how are you going to enforce that rule?” he asked. The attorney brought up scenarios to back his claims such as emergencies such as a dad having to take his daughter to the restroom and the same with a mother and son. “I would urge you not to go there,” Herring said. “It makes you look distracted by things that aren’t that important.” Denton then thanked the attorney for his “opinion.” Herring couldn’t give any actual laws on the bathrooms, but said he would recommend keeping same-sex bathrooms and not require a rule saying you have to use the one assigned at your biological birth. Ware County Commissioner Timmy Lucas, the Ex-Officio member from the Ware County Commission, was denied an opportunity to speak from acting Chair Tawanna Harris after having his hand raised in the back of the meeting room for several minutes. “I’m going to go ahead and say this and leave so everybody will know,” Lucas spoke up after not being called on. The rest of his statement could not be heard from the noise it brought from the individuals in the meeting room and the acting Chair. After several threats of being sued over the matter, the issue of the flags was tabled in order to get more information on the matter.