HENDERSON, Ky. — Library Director Caleb May, who was effectively removed from his position after alleged racist social media posts, has filed a $2 million federal lawsuit against the Henderson County Public Library.
Library board members Joan Hoffman, Susan Thurman, Bobbie Jarrett, Arlene Alexander and Steve Tweddell are also named as defendants in the proceedings.
When asked about the suit, Library Board Attorney Chris Hopgood said he could not comment on pending litigation. However, he did say that the lawsuit would be handled by a litigation attorney.
According to documents filed at the U.S. District Court in Owensboro, the lawsuit alleges that a decision by the library board of trustees to put May on administrative leave and not to renew his contract, which expires Aug. 31, was "retaliation against (May) for the exercise of his freedom of expression as a private citizen and for his religious and political commentary on social media regarding matters of public concern."
In addition to the financial compensation, May is asking that the library/library board "publish curative public statements that disavow the false narrative attached to May’s Facebook posts and to make a statement that truthfully and accurately characterizes his
Facebook posts." He is also asking that the case be heard by a jury of six.
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May, who has been the library's director since 2015, came under fire in June regarding social media posts he wrote on his personal Facebook page about the Black Lives Matter movement. The Facebook posts, which called the BLM movement "hypocritical" and "racist" and called the abortion of African American children a "liberal holocaust," were made amid national protests related to incidents of police brutality, specifically toward African American men.
Following public outcry over the posts, the board of trustees voted unanimously not to renew May's contract saying they no longer trusted him to lead the institution. The board also said the decision was not due to his personal or religious beliefs.
At least two public hearings were held by the library trustees on this issue. According to the lawsuit, the hearings/meetings were held while May was hospitalized and was unable to attend. May contends that his wife notified the library of his hospitalization, but the hearings were held anyway.
A third public hearing was held at a regularly scheduled library board meeting on July 9. This time, May and his attorney, Brian Schuette of Bowling Green, and several of May's supporters were in attendance. They asked for the board to reconsider its decision. The meeting was live-streamed on Facebook and those opposing May's contract being renewed also voiced their concerns.
After an hour-long executive session — which initially included May and Schuette — the board reaffirmed its decision to let May's contract expire.
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May's explanation
After May's Facebook posts began circulating, some opposed to his employment expressed outrage over the posts and said they were fearful of having their children at the library. A few opponents cited one particular post in which they said May compared African Americans to apes. May denies the accusation.
According to the lawsuit, the post appeared on May's Facebook page on May 31.
May stated: "The concept of race is not biblical. There are not 'higher races of people' and 'lower races of people.' There is only ONE race, the human race!"
Underneath May's statement, he quotes Ernst Haeckel, described as a friend and follower of Charles Darwin, as saying: "At the lowest stage of human mental development are the Australians, some tribes of Polynesians, and the Bushmen, Hottentots, and some of the Negro tribes. Nothing, however, is perhaps more remarkable in this respect, than that some of the wildest tribes in southern Asia and eastern Africa have no trace whatever of the first foundations of all human civilization, of family life, and marriage. They live together in herds, like apes."
When questioned by the Gleaner about that post, May said, "The Facebook post that seems to have been the most misunderstood is the one in which I quoted Darwinian evolutionary theorist and personal friend of Charles Darwin, Ernst Haeckel.
"Facebook friends of mine — especially ones who have known me personally for many years — know that from the time that I was in high school and the evolution/creation debate was going on in Kansas, I have been vehemently opposed to Charles Darwin’s theory as bad science and corrosive to human society.
"My description of Ernst Haeckel as a, 'friend and follower of Charles Darwin,' clearly shows my friends that I am vehemently opposed to him and his words," he said.
"It is clear to me by this post that my personal opinion is in the first part in which I say, 'The concept of 'race' is not Biblical. There are not 'higher races of people' and 'lower races of people.' There is only ONE race, the human race!'"
"(The Biblical concept of race) is in stark contrast to the evolutionary view of 'higher and lower races' ... Unfortunately, many individuals either saw only the second part of the post, or could not in their own minds find a logical way to harmonize the two apparently contradictory thoughts presented, and thus concluded that the author was in some way unbalanced," he said.
"My post could have been made better," he said. "It still stands as an example of what I believe, which is that the modern concept of 'race' that comes from the mid-nineteenth century is racist and that to get past this we have to embrace the truth that people are people and there is not a hierarchy of 'race.'"
May also said that after learning that the posts had hurt some of the staff members he reached out to them during a Zoom meeting.
"On Thursday, June 4, I made a statement to the staff via Zoom letting them know about the Facebook posts if they had not already heard, and informed them that the posts had been removed.
"I also expressed deep regret that some members of the public — including some employees — had chosen to mischaracterize some of the comments as racist which was the farthest thing from what was intended," May said. "I invited the employees to reach out to me individually, though none of the employees who were hurt did so. I have been and am still very open to dialogue with anyone who has misunderstood my posts so that reconciliation and healing can occur — unfortunately the rash actions of the library trustees have prohibited me from facilitating this conversation."
May said by filing a lawsuit he hopes that, "above all else that my name and reputation will be affirmed and that everyone — especially employees of public libraries — can be comfortable to express their first amendment protected right to free speech and expression without fear of retribution or personal danger of any kind."
The lawsuit
The lawsuit maintains that the library and the library board are governmental entities and that the decision to remove May from his position was in retaliation for his voicing his personal and religious beliefs.
"This case (is) predicated on a federal question and the enforcement of certain federal constitutionally protected rights as guaranteed under the First and Fourteenth Amendments of the United States constitution," according to court documents.
In the lawsuit, May said in making the posts, he never identified himself as a staff member or library director for the Henderson County Public Library.
The court papers lay out an apparent chronological timeline of events starting with the dates May posted his comments.
The case stipulates, "By their actions, the Trustees allowed May’s detractors to exercise a heckler’s veto based on false and misleading characterizations of his views.
"May is a victim of a troublingly common phenomenon known as 'Cancel Culture'
sometimes referred to as 'Cultural Marxism.' The effect of Cancel Culture is to destroy the lives and livelihoods of those whose ideas conflict with the progressive orthodoxy of the moment," the lawsuit said.
What's next
The lawsuit has been filed, but what happens now?
Schuette said a court date has not been scheduled.
"We've not yet heard from litigation counsel," Schuette said. After the lawsuit is filed, he said, "they have 45 days to file an answer."
Currently, he said, "We are considering seeking an injunction asking the court to reinstate Caleb pending the outcome of the case."
Schuette reiterated that the decision to seek an injunction has not been made.
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