Florida Judge Urges Escambia School Board to Settle Book Banning Lawsuit

The ongoing legal battle, sparked by the district’s removal of 1,600 books, has already cost taxpayers more than $440,000 in attorneys’ fees as of September 2023.

District Judge T. Kent Wetherell II emphasized the financial strain on local taxpayers in a recent court order, noting that the school board could be liable for the plaintiffs’ legal fees if it loses the case. “A settlement should be particularly important to the school board because it is spending taxpayer money to defend this suit,” Wetherell wrote. He warned that a continued legal fight could lead to further financial burdens.

Mediation Stalemate

In December, both parties attempted mediation but reached an impasse after eight hours of negotiation. The case centers on the school board’s decision to ban books, including classics like dictionaries and encyclopedias, along with the removal of LGBTQ+ titles such as And Tango Makes Three. The removal of the picture book has also spurred another costly lawsuit, with nearly $200,000 spent by Escambia County officials in legal fees. Nassau County, which faced a similar lawsuit over And Tango Makes Three, restored the book to its shelves in September.

Legal Implications

Judge Wetherell has previously criticized the rationale for banning books, stating in January 2023 that “the Court simply fails to see how any reasonable person would view the contents of the school library (or any library for that matter) as the government’s endorsement of the views expressed in the books on the library’s shelves.” His remarks underscore the court’s skepticism of the school board’s actions and may signal challenges ahead for the district.

Mounting Costs and Public Pressure

The financial toll of the lawsuits has sparked criticism from local taxpayers, with many questioning the board’s priorities. Legal experts suggest that continued litigation could result in further taxpayer liabilities if the court rules in favor of PEN America and its co-plaintiffs.

As the legal battles over book bans continue across the country, the Escambia County case underscores the high stakes—both financial and ideological—of these decisions. For now, Judge Wetherell’s call for settlement serves as a stark reminder of the broader implications of restricting access to books in schools.

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