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OREM — The Orem Library may soon face a lawsuit over alleged censorship and retaliation against employees who have criticized the city's decision to ban gay pride and heritage month book displays.
The Foundation for Individual Rights and Expression, which says the library's actions amount to First Amendment violations, sent Orem officials a letter earlier this month expressing its intent to sue if the library doesn't change course by June 30.
"We are hopeful you will honor your constitutional obligations to respect and uphold the First Amendment rights of your employees," the letter reads. "Otherwise, Foundation for Individual Rights and Expression will file a lawsuit and seek the full array of remedies including damages and attorney's fees."
The letter was addressed to Mayor David Young, Orem City Council members, acting city manager Brenn Bybee and library director Bryce Merrill. The Foundation for Individual Rights and Expression is representing the Utah Library Association, a professional body for librarians and library staff.
The city said in a statement provided to KSL.com that is disagrees with the foundation's claims and that they are based on a misunderstanding of the facts. The city is evaluating the allegations and will "respond at the appropriate time."
"Orem has consistently complied with all applicable laws and regulations and strongly believes in and upholds the principles of freedom of expression as well as the First Amendment rights of our employees and patrons," the statement reads. "We are committed and remain open to honest and constructive dialogue to address these concerns and welcome the opportunity to engage with all parties involved. We once again invite the Utah Library Association (ULA) to engage with us directly to gain a more accurate and comprehensive understanding."
City Councilwoman LaNae Millett wrote an op-ed in February saying that the city celebrates diversity and that discussion on such displays had "led to division in the community and interfered with the welcoming environment we strive for."
The events leading to the letter
The Orem Library banned Pride month displays in the children and teen sections in 2022 and instead told librarians to move a pride children's book display to the adult section. The year prior, City Councilman Terry Peterson expressed public outrage over pride displays and said they were "not the role of a tax-funded library."
The ban drew criticism from some members of the public, individual library staff members, Equality Utah, the Utah LGBTQ+ Chamber, Utah Valley Parents Alliance and the Utah Library Association.
"It is unacceptable, and a possible infringement of citizens' First Amendment rights, when politicians intervene and direct staff to eliminate planned displays or have them moved to a less frequented area of the library because those politicians do not like the topic or viewpoint being expressed," a statement from the association reads. "Moving a children's book display to the adult section where materials may not be age-appropriate for children is problematic because it actually increases the likelihood of exposing children to material that is unsuitable for their age and makes the materials less accessible for families and harder to discover."
The library later banned displays for heritage months, including Hispanic Heritage Month, Native American History Month and Black History Month despite having allowed such displays for several years prior. Meanwhile, displays for holidays like Columbus Day, Christmas and the Fourth of July continued.
The Utah Library Association issued another statement saying that library staff members "understood that they could not speak publicly about this directive under threat of reprisal." Former library employees reiterated those allegations in blog posts and interviews with the Daily Herald.
Demands from the letter
The Foundation for Individual Rights and Expression demanded that the city cease retaliatory actions, revise its social media policy for employees and remove what it called a ban on benefits for library employees who associate with the Utah Library Association.
According to the foundation, the city informed employees that membership in the Utah Library Association would be considered insubordination despite having previously paid for employees' membership dues and attendance at the association's conferences. Employees in other departments were not banned from participating in professional associations. The letter claims those actions amount to retaliation.
The letter also took issue with the city's employee social media policy, which prohibits disparaging comments about the workplace, city policies and city personnel. The letter says the vagueness of the policy violates employees' First Amendment rights.
The foundation also claims the city interrogated library staff members and ultimately reprimanded one employee and forced them to forgo a raise.
"The city's punishment sent a clear, chilling message to other staff that they must stifle their criticism of the display ban or risk their jobs," the letter reads.
