As we reported earlier this week, it seems quite possible that Knox County Mayor Tim Burchett's new policy banning every single one of Knox County's 323 registered sex offenders from all of the libraries at all times is just, maybe, you know, kind of a violation of some civil rights. (Not to mention, kind of hard to enforce.) The KNS' Pam Strickland today points out some additional areas for concern in her column, and now the ACLU of Tennessee has finally responded.
ACLU-TN director Hedy Weinberg has sent a letter to Burchett, and she's not exactly happy. Here are some quick highlights:
"This policy is overly broad and raises a host of constitutional issues. We ask you to rescind the policy and consider other alternatives.""There are surely less severe ways to balance the government's important concerns about ensuring safety without trampling on the free speech rights of all Knox County residents.""You were quoted in the Knoxville Sentinel saying 'I don't set my moral compass by the ACLU's parameters.' Mayor Burchett, they are not the ACLU's parameters. They are those of the U.S. Constitution."
To which we can only say, OUCH.
Oh, and we called the mayor's office, but they have no comment on the letter at this time.
The full letter follows.
September 16, 2011The Honorable Tim BurchettMayor, Knox County400 Main Street, Suite 615Knoxville, TN 37902Dear Mayor Burchett:The American Civil Liberties Union of Tennessee (ACLU-TN) recently learned about Knox County's new policy that restricts the ability of some of its residents to access information by prohibiting them from entering the Knox County Public Library and its branches. This policy is overly broad and raises a host of constitutional issues. We ask you to rescind the policy and consider other alternatives.As you know, access to information is a fundamental underpinning of the protections of the First Amendment's guarantees of free speech. As the U.S. Supreme Court affirmed in Stanley v. Georgia, it is "well established that the Constitution protects the right to receive information and ideas." That fundamental right, as lower courts have held, includes some level of access to a library and cannot be proscribed if there is no compelling state interest.As T.C.A. ß 40-39-216, the law under which you enacted the ban, states, municipalities, in certain limited circumstances, may place restrictions on access to libraries. It allows libraries to "reasonably restrict" access on the sex offender registry. It does not allow for a total ban. There are surely less severe ways to balance the government's important concerns about ensuring safety without trampling on the free speech rights of all Knox County residents.This policy denies access to libraries to all sex offenders, at all times of day, without regard to time, place, and manner restriction. As you know, a federal court in Albuquerque struck down a similar ban because it was neither narrowly tailored nor offered other ways to access the library system there. That Knox County would still allow online access or allow a proxy to check out materials for a sex offender does not cure the serious defect in your policy. Many libraries have materials that are not online, or cannot be checked out, such as reference books and new magazines. Moreover, most Tennessee libraries already have policies in place to protect children. They have already achieved the balance between protection and access. We respectfully request that you do the same.You were quoted in the Knoxville Sentinel saying "I don't set my moral compass by the ACLU's parameters." Mayor Burchett, they are not the ACLU's parameters. They are those of the U.S. Constitution.ACLU-TN asks that you rescind this and instead consider addressing your concerns in a less-restrictive manner that is mindful of the First Amendment rights of all Knox County residents.Sincerely,Hedy WeinbergExecutive Director
The PDF of the letter: 09162011 Burchett Letter.pdf
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