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Foul-Mouthed Patron’s Suit Risks DismissalAfter two missed court appearances, a patron who filed a federal lawsuit over being banned from the Ann Arbor (Mich.) District Library now risks having his case dismissed.Fredric Maxwell, who has since moved to Boulder, Colorado, claimed his First and Fourteenth Amendment rights were violated when he was banned for using obscene language. In his suit filed June 24, he sought $115,000, a public apology, and other unspecified damages. District Court Judge George Caram Steeh has ordered Maxwell to appear in court December 7 after he missed hearings September 9 and November 4, the Ann Arbor News reported November 9. The court also pointed out the library has motioned to dismiss the case. Maxwell e-mailed the court November 4, explaining he would not be there for that day’s hearing because he no longer lived in Ann Arbor, and stating that he withdrew his motion for an order to lift the ban until a trial is held in February 2005. “I seriously doubt I’ll be back to Ann Arbor in the near future, especially given the way other public libraries, most notably the Boulder Public Library, have welcomed me,” he wrote. Posted November 12, 2004. |
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