EEOC Form 5 (11/09)

CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s):

This form is affected by the Privacy Act of 1974. See enclosed Privacy Act FEPA
Statement and other information before completing this form.
X EEOC
and EEOC
State or local Agency, if any
Name (indicate Mr., Ms., Mrs.) Home Phone (Incl. Area Code) Date of Birth
Terri Lesley (303) 578-4400 11/01/1962
Street Address City, State and ZIP Code
c/o Rathod Mohamedbhai LLC 2701 Lawrence Street, Ste 100, Denver, CO 80205

Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Government Agency That I Believe Discriminated
Against Me or Others. (If more than two, list under PARTICULARS below.)
Name No. Employees, Members Phone No. (Include Area Code)

Campbell County Public Library System 15+ (307) 687-0009

Street Address City, State and ZIP Code
2101 S. 4J Road Gillette, WY 82718

Name No. Employees, Members Phone No. (Include Area Code)

Campbell County Office of Commissioners 15+ (307) 682-7283

Street Address City, State and ZIP Code

500 S. Gillette Ave. Suite 1100 Gillette, WY 82716

DISCRIMINATION BASED ON (Check appropriate box(es).) DATE(S) DISCRIMINATION TOOK PLACE
Earliest Latest
RACE COLOR X SEX RELIGION NATIONAL ORIGIN 06/29/2021 07/28/2023
X RETALIATION AGE DISABILITY GENETIC INFORMATION
X OTHER: Hostile Work Environment and Associational/Advocacy Discrimination CONTINUING ACTION

THE PARTICULARS ARE (If additional paper is needed, attach extra sheet(s)):
1. JURISDICTIONAL STATEMENT: The Equal Opportunity Commission (“EEOC”) has
jurisdiction over the subject matter of this charge and Respondents Campbell County Public Library System
and the Campbell County Office of Commissioners. Charging Party was an employee of Campbell County
Public Library System (“CCPLS”) in Gillette, Wyoming. The Campbell County Public Library System
Board of Trustees (“Library Board”) is appointed by the Campbell County Office of Commissioners
(“Commissioners”), which also funds the Campbell County Public Library System. Respondents are covered
by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000(e) et seq., as amended.

2. STATEMENT OF HARM:

Executive Summary
Terri Lesley dedicated her talents and energies to Respondent Campbell County Public Library System for
more than twenty-seven years, ultimately serving for eleven years as Executive Director. Respondent
Campbell County Office of Commissioners appoints Campbell County Public Library System’s Board
Members.

About two years ago, as part of a recent national wave of politicized hostility towards LGBTQ+ individuals,
several Campbell County residents first began contacting Respondents complaining that LGBTQ+
individuals were in essence criminals and posed a physical danger and threat to minors, and that books with
LGBTQ+ themes, content, or authors were “pornographic,” “perverted,” “obscene,” and “human
trafficking.” These residents demanded that the books be removed from the children and teen collection, if
not the library system’s collection as a whole, notwithstanding that they contained LGBTQ+ themes, content,
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 or voices modelled for child or teen readers. Thereafter, Respondents conscientiously sought to alienate
individuals from LGBTQ+ backgrounds from civic space and the library system, acquiescing and further
disseminating the message that LGBTQ+ individuals are dangerous or abnormal, and their voices should be
suppressed. A well-organized book-ban campaign arose, during which participants, including several vocal
residents, Library Board Members, and County Commissioners targeted Ms. Lesley for advocating for the
rights of LGBTQ+ individuals in a full range of library services, and for refusing to remove these challenged
books from the shelves.

Alongside a few County residents, Respondents’ agents relentlessly harassed Ms. Lesley, and other
librarians, over the matter of years for her advocacy and association with the LGBTQ+ community and for
opposing discriminatory practices. Respondents either actively participated in or stood by as Ms. Lesley was
accused of engaging in felonious criminal sexual conduct towards children, of peddling “pornography,” of
perverting and destroying children’s lives, and of bringing ruination to the community. County residents
threatened the physical safety of Ms. Lesley and her librarian colleagues and sought to have Ms. Lesley
arrested and imprisoned. Rather than defend or take any other measures to protect Ms. Lesley, several Board
Members encouraged such behavior and even advocated for levying civil penalties on their own employees
for their association and advocacy of LGBTQ+ minorities.

On July 27, 2023, Ms. Lesley was scheduled to meet with Library Board Chair Charles “Chuck” Butler to
discuss weeding library books. Instead, Board Member Sage Bear joined Chair Butler and asked Ms. Lesley
to resign because Ms. Lesley would not remove various unspecified books challenged for their LGBTQ+
content. Ms. Lesley declined. On July 28, 2023, the Library Board terminated Ms. Lesley in a public meeting
for the same reasons. Such conduct violates Title VII of the Civil Rights Act of 1964.1 Respondents have
unlawfully violated Ms. Lesley’s and other librarians rights, on a pattern or practice basis, to be free from a
hostile work environment, and Respondents unlawfully discriminated and retaliated against Ms. Lesley for
associating with and/or advocating for the LGBTQ+ community and for opposing homophobic and
transphobic practices and/or in anticipation that she would keep doing so in the future.

3. RESPONDENTS’ STATED REASON FOR THE ADVERSE ACTION: Unknown, although it is

anticipated that Respondents will admit that Ms. Lesley was continually subjected to a hostile work
environment and terminated for refusing to remove books challenged by a narrow subset of community
members for their LGBTQ+ themes and for engaging with, welcoming, and not discriminating against
LGBTQ+ individuals in access to CCPLS, CCPLS contracts, and CCPLS services.

4. DISCRIMINATION STATEMENT:

SPECIFIC FACTUAL ALLEGATIONS

Demographics and Structure of the Campbell County Public Library System, Wyoming

5. Campbell County is a predominantly rural county located in northeastern Wyoming.

6. Campbell County employs 557 full time employees, 78 full time employees from agencies or
departments that receive a portion of funding from Campbell County, and 23 full time employees from
nonprofit agencies.

1
Ms. Lesley has additional claims against Respondents and Individual Board Members and Commissioners for
conduct described below that need not be administratively exhausted with the EEOC, including claims of First
Amendment retaliation pursuant to 42 U.S.C. § 1983, conspiracy to interfere with civil rights and/or failure to
intervene in such conspiracy under 42 U.S.C. §§ 1985 and 1986, defamation, intentional infliction of emotional
distress, and other Wyoming state law torts. Because these claims need not be administratively exhausted with the
EEOC, they will be raised in other forums where and if appropriate and are not discussed in detail herein.
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7. Respondent Campbell County Public Library System is a department of Campbell County and
includes two public libraries: (1) the main library, which is the Campbell County Public Library (“Campbell
Branch”) located in Gillette; and (2) the Wright Branch Library (“Wright Branch”) located in Wright.

8. Respondent Campbell County Office of Commissioners is the executive, legislative, and judicial
governing body of Campbell County.

9. It is comprised of five elected Commissioners and has the authority to approve the County’s budget.

10. At all relevant times, Colleen Faber and Del Shelstad served as Commissioners.

11. The Commissioners appoint citizens to serve on twenty-three County boards, including the Campbell
County Public Library System Board of Trustees.

12. The Library Board is comprised of five members who are limited to serving two three-year terms.

13. The Library Board sets CCPLS policies and appoints the Executive Director.

14. The CCPLS Executive Director “serves at the pleasure of the” Library Board, which is “responsible
to” the Commissioners.

Terri Lesley’s Career at CCPLS and Promotion to Executive Director

15. Terri Lesley is a resident of Gillette, Wyoming, a city located within Campbell County, Wyoming.

16. For twenty-seven years, Ms. Lesley dedicated her life to CCPLS. She was an extraordinary librarian,
having served eleven of the twenty-seven years as Executive Director, transforming CCPLS into a thriving
hub of knowledge and community engagement. Her boundless enthusiasm for reading, her tireless efforts to
promote literacy, and her dedication to making the library a welcoming space for everyone were well known
throughout the community.

17. Ms. Lesley was first hired as a librarian with CCPLS in 1996. Upon entering the field of
librarianship, Ms. Lesley made it her mission to create an inclusive and welcoming environment at CCPLS.
She actively sought out books and materials that celebrated diversity, and she organized events that
celebrated various cultures and perspectives. She reached out to underserved communities, ensuring that they
had access to CCPLS’s resources and services.

18. Ms. Lesley assisted patrons in their quests for knowledge, emphasizing the importance of
understanding different viewpoints and embracing diversity. She believed that in the quiet corners of
libraries, lives were changed, dreams were nurtured, and communities were strengthened.

19. As she would continue to do throughout her career, Ms. Lesley received overwhelmingly positive
performance evaluations as a librarian.

20. Ms. Lesley graduated from the Leadership Wyoming Class in 2020.

21. She has served as a member for both the Wyoming Council for Women and the Wyoming State
Library Governing Board.

22. In addition to serving on the Wyoming State Library Shared Purchases Committee, she served on
County and CCPLS committees for human resources, personnel, information technology, and compensation.
Her dedication to the work and respect for her co-workers and community led to her promotion as CCPLS
Executive Director in April 2013.

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23. Prior to becoming Executive Director, Ms. Lesley was a member of CCPLS’s management team,
holding the position of Senior Financial Specialist. In that role, she oversaw and helped organize two major
construction projects—the building of the Wright Branch, which opened in 2003, and a remodel of the
Campbell Branch in 2007.

24. She held the position of Executive Director for about eleven years, until the Library Board terminated
her on July 28, 2023.

25. Ms. Lesley considered herself more than just a librarian. She considered it her calling to be a
guardian of knowledge and a champion of equal access to CCPLS for all. She knew that by fostering an
environment where everyone felt seen and heard, she could make a profound impact on her community and
help bridge divides, one book at a time.

26. Ms. Lesley’s last years at CCPLS were punctuated with local and national awards showcasing her
impact on her community. For example:

a. On December 31, 2021, Ms. Lesley was recognized as one of Gillette News Record’s Annual
“Ten Who Made a Difference” for her stewardship of CCPLS during the unrest of the previous six
months, “standing firm with a marginalized and misunderstood minority of the community and
upholding the democratic ideals that serve as the backbone of all public libraries.”

b. On June 24, 2022, Ms. Lesley received the American Library Association Intellectual
Freedom Round Table’s 2022 John Phillip Immroth Memorial Award, which “honors the courage,
dedication, and contribution of a living individual, group, or organization who has set the finest kind
of example for the defense and furtherance of the principles of intellectual freedom.”

27. Ms. Lesley understood the immeasurable importance of her role in the community she served—a
librarian’s ability to facilitate access to information is a key tenet of democracy, innovation, and the
preservation of history. Moreover, she understood that an especially important part of this role was to
provide content to patrons by and representative of underrepresented groups.

28. Ms. Lesley set out on a path to help people. Unfortunately, her dedication to the community was met
with discrimination and bigotry at the hands of Respondents.

Evidencing Prejudice, Commissioners Expressed Opposition to Rainbow Book Month During Pride

29. In 2021, the political drama about banning books by LGBTQ+ authors or with content meant to share
the LGBTQ+ experience that was engulfing the country also landed on Ms. Lesley’s doorstep.

30. It all began on the evening of June 28, 2021, during Pride month.

31. A CCPLS staff member innocuously posted on Facebook, linking to the CCPLS teen blog:

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32. Ms. Lesley received a text from CCPLS’s public relations coordinator, Genevieve Schlekeway,
informing her that Commissioner Shelstad critiqued the Facebook post promoting Pride Month and Rainbow
Book Month.

33. Commissioner Shelstad’s Facebook comment surprised Ms. Lesley because Commissioners appoint
Library Board members and approve the CCPLS’s budget but are not typically involved in daily operations.

34. Ms. Lesley planned to email Commissioner Shelstad the following day.

35. Before she could respond, Commissioners Shelstad and Faber emailed Ms. Lesley on June 29, 2021,
expressing concerns about the LGBTQ+ Facebook post.

36. In his email to Ms. Lesley, Commissioner Shelstad expressed hostility towards LGBTQ+ community
members and CCPLS patrons, claiming he was “disturbed” by the post, and that: “I believe that teaching this
kind of behavior to minors is up to the parents not the government. It also suggests that we are giving special
treatment to a certain group.”

37. Commissioner Faber’s email to Ms. Lesley likewise stated: “I . . . also received some messages
regarding the teen room advertisement regarding Pride Month . . . I know there is concern related to the
aspect of our teens being minors and I would like to see this type of information and topics be a discussion
between parents/families.”
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 38. Ms. Lesley replied to both and forwarded their messages to the Library Board.

39. In her responses, Ms. Lesley clarified that Pride Month and Rainbow Book Month are national
designations. She explained, “The post supports the library mission to provide diverse cultural opportunities
for reading, learning and entertainment to all citizens of our community.”

40. At this time, Ms. Lesley also reached out to the Library Board and found that not only did none of
them have any concerns with the Facebook post or teen blog, but that they were supportive.

41. Ms. Lesley did not hear from any CCPLS patrons regarding the matter until July 7, 2021, when
Commissioner Daniel G. (“D.G.”) Reardon requested she join the Commissioners meeting.
Commissioners Interrogate Ms. Lesley About Support of Pride Month and Rainbow Book Month

42. The manufactured controversy over Pride Month escalated on July 7, 2021, when Commissioner
Reardon unexpectedly emailed “Help” to Ms. Lesley. He asked her to come to the Commissioners meeting
that morning because, “We have some folks showing up on this Library PRIDE month that we are going to
need your help explaining.”

43. The American Library Association (“ALA”) has recognized Rainbow Book Month since 2015, and
there had been no problems with the celebration in the past.

44. As of the Commissioners meeting on July 7, 2021, Commissioners included: Del Shelstad, Colleen
Faber, D.G. Reardon, Rusty Bell, and Robert Maul (2021 Chairman).

45. During the public comment session of the meeting, a few Campbell County residents expressed
opposition to Pride Month and Rainbow Book Month and began asking the Commissioners to move books
that centered around the experiences of LGBTQ+ people from the children and teen collections into the adult
collection, arguing, wrongly, that the books were “pornographic” and “inappropriate” for minors.

46. These residents voiced explicit anti-LGBTQ+ rationales for their requests to remove books, virulently
vilifying LGBTQ+ community members and the LGBTQ+ population at large. They invoked degrading and
hostile stereotypes of LGBTQ+ individuals, framing them as predatory towards youth, while alleging that
any allyship or support for such individuals or voices was criminal.2 At the Commissioners meeting on July
7, 2021, for example:

a. One community resident testified that “We have a friend with a twelve-year-old daughter that
we’ve known since birth. She’s always been a feminine little girl that loved dresses and

2
To better understand the significance of this particular anti-LGBTQ+ discriminatory motivation, look no further
than the example of the Proud Boys showing up armed to drag queen story hours at public libraries in Nevada,
Texas, and California to “protect kids.” Proud Boys, for example, held signs accusing attendees of “grooming”
children, called parents “sick” for bringing their children, wore t-shirts that said “Kill your local pedophile,” accused
those reading stories of being “pedophiles” and “groomers,” and referred to Pride Month as “groomer awareness
month.” At least one sheriff’s office launched a hate-crime investigation into those “protests,” and more than forty
Proud Boys faced charges related to alleged actions at the U.S. Capitol on January 6, 2021. Miller, Cassie, Proud
Boys Aid the Right-Wing Assault on the LGBTQ Community and Reproductive Justice, Southern Poverty Law
Center (July 13, 2022), [Link]
community-and-reproductive-justice. Two leaders of the Proud Boys were recently sentenced to seventeen and
fifteen years in prison on seditious conspiracy and other charges related to January 6, 2021. Office of Public Affairs,
Two Leaders of the Proud Boys Sentenced to 17 and 15 Years in Prison on Seditious Conspiracy and Other Charges
Related to U.S. Capitol Breach, U.S. DOJ (Aug. 31, 2023), [Link]
sentenced-17-and-15-years-prison-seditious-conspiracy-and-other.
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 looking pretty. Now at twelve years of age, she’s decided that she’s polysexual . . . Our
children are being bombarded with sexual terms such as asexual, intersexual, bisexual,
polysexual. Her mother is beside herself trying to figure out how to help this child and guide
her in the right direction when all these other voices are pulling her in the wrong direction.
Our library does not and should not be promoting these ideas in the minds of these young,
very impressionable children.”

b. Another censorship advocate argued, “a lot of this is really subtle and wicked in its
intimidation by authority figures of our most vulnerable people in society, our teens and
preteens . . . and it could be argued that what they’re doing is pandering to minors’ immorality
. . . ultimately, it can lead to suicide.”

c. Another book-ban advocate stated, “If we’re not encouraging heterosexuality among
teenagers . . . for a month in the public library, we definitely should not be doing that with
sexual identities that are known to cause suicide and HIV . . . there’s a pedophilic nature to
the sort of governance that would encourage that . . . In Austin, Tatiana Mala Nina,3 a
convicted child molester, dressed in drag and danced at child story time . . . because they had
an LGBTIA teen month for a few years until it became inured in the community to the point
where people didn’t even bat an eye, and then child molesters are out there playing with your
children in public in broad daylight . . . And it shouldn’t be in our community . . . it’s coming
here if we don’t stop it.”

d. Another censorship advocate testified that, “I think our library should be promoting things
that are wholesome, and build good character in kids, and not confusing with all these many
sexual type directions that they could go in life . . . they’re going to be experimenting with
this stuff at way too young of an age just to fit in. It’s really cool to be gay or different . . . it’s
just the demoralization of our nation.”

e. Another resident advocating for the removal of books spoke derogatorily of LGBTQ+ people,
calling them “the alphabet soup of LBGTQISG or whatever it is and then with a plus sign at
the end, so you can add whatever it is that you want including pedophilia and all kinds of
unimaginable things.”

f. Another book banning advocate alleged, “If I had a child that was a kleptomaniac, I’m not
going to educate everybody about why my child is a kleptomaniac and teach them how they
do it and why they do it. Then the next thing you’re gonna see is other kleptomaniacs coming
out of the closet. If you have an issue in life and a behavior in life . . . We will support them,
and we will get around them, but it doesn’t mean that is a normal behavior or that is the way
we were created or the way we should go forward . . . we should have a moral compass and
we all know what that moral compass is . . . we have seen the increase in suicide, we have
seen the increase of miserable human beings out there, Antifa and the Black Lives Matters
and all this . . . I want to encourage you to look at that board, at the Library Board and at the
very least give them some discipline as to what they did because they did not represent our
community in June . . . it’s time to address it.”

g. Another resident claimed, “We’re promoting the basest of base things in our society . . .
there’s nothing virtuous about that . . . let’s not promote animalistic behaviors.”

3
This rationale that one library somewhere missed identifying one performer who was a child sex offender, does not
mean all drag queens or LGBTQ+ people are child predators. The argument makes as problematic and dangerous a
leap in logic as saying that all priests are pedophiles. The existence of one does not then mean they all are. There are
far more examples of men of the cloth engaging in systemic child pedophilia, and no one is aiming public arguments
that all pastors are bad, no pastors should be allowed in the library, or all religious books should be removed.
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 47. Residents agitating for censorship and vilifying LGBTQ+ community members during the meeting
specifically mentioned LGBTQ+ books. Of the four books mentioned by name in this initial meeting on July
7, 2021, three were LGBTQ+ themed: A Quick & Easy Guide to Queer & Trans Identities by Mady G and
Jules Zuckerberg, All Out: The No-Longer-Secret Stories of Queer Teens throughout the Ages edited by
Saundra Mitchell, and Music from Another World by Robin Talley.4

48. In response to the comments, Ms. Lesley explained that CCLPS’s mission was to provide diverse
cultural opportunities for reading, learning, and entertainment to everyone in the community.

49. Commissioner Shelstad then asked Ms. Lesley if there was a “straight” section in the library or a
“straight” month promoted at the library and said, “This is exactly the type of thing that I think is harmful in
our community. I’m not asking you to have a straight pride month. I’m just asking you not to have a gay
pride month.”

50. A resident then explicitly asked the Commissioners to replace the Library Board. According to her,
“After hearing the Library Executive’s position, I don’t feel like she is being honest. I toured the teen room.
It was dark. There was no diversity down there . . . we elected you guys to oversee this . . . And I again
would request that everybody on the Library Board be removed. They’ve betrayed us.” (emphasis
added).

51. That afternoon, Commissioner Reardon emailed Ms. Lesley suggesting that the Campbell Branch just
eliminate its entire teen section, merely because a few LGBTQ+ themed books were contained in the
collection, stating, he was only concerned with the comment about the “dark” teen room having only “bad”
books. “I would suggest you take a look at that. The only solution to that in my short sightedness would be to
close that section of the library off and not have a teen specific area which I don’t think is what the library
wants to see.”5

Commissioners Expressed Opposition to a Transgender Magician Coming to the Library

52. The situation continued to intensify when later that same day, on July 7, 2021, Commissioner
Shelstad emailed Ms. Lesley questioning the suitability of a magician CCPLS contracted to perform a magic
show the following week.

53. Without CCPLS staff knowing it, the magician, who came highly recommended, had appeared on
Penn and Tellers’ TV Special Try This at Home, was featured on the Travel Channel’s Magic Caught on
Camera series, and travelled across the country performing magic shows for children, was transgender.6

4
This censorship has serious, and widely-understood impacts. Robbing communities of access to voices, history,
education related to their culture is destructive, and has sometimes been referred to as cultural genocide. This is a
widely-used and well-known strategy for rendering a community invisible and destroying it. This is precisely why
libraries across the country are experiencing the most basic challenges against books that mention racial or
LGBTQ+ content and voices.
5
Hating LGBTQ+ individuals so much that they would close the entire library and deprive the entire community of
this valuable resource is reminiscent of municipalities that chose to close their public swimming pools rather than
integrate. See Palmer v. Thompson, 403 U.S. 217 (1971).
6
While the magician’s name is known, she does not share the personal information that she is transgender on her
professional website. Out of respect and safety concerns for threats to her person and career, this charge keeps her
anonymous and only refers to her as “the magician.”
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 54. Commissioner Shelstad said, “Doing a search of the magician shows this is a transgender act. I am
not thinking this is a good idea. Taxpayer money going to things like this only upsets the tax payers of our
County more.”7

55. Ms. Lesley replied, emphasizing that the magic show was “strictly a magician’s show” and
explaining that “the program was professionally recommended, highly reviewed, and the magician has
performed for children at libraries all across the Midwest – on countless occasions – with no issues.”

56. The following day, July 8, 2021, a local pastor and former Wyoming State Representative, Scott
Clem, posted his objections about the “transgender magic show” on social media, sparking further
controversy. He claimed the event may be a “cover to introduce and glorify something more insidious and
harmful,” “talk about sexual issues with our teens,” and “exploit our kids to a sexual agenda like the library
has been doing over the last month.”

57. That same day, Commissioner Faber emailed Ms. Lesley, Commissioners Shelstad and Maul, and the
Campbell County Executive Director of Administration, Carol Seeger, with the subject line, “Parental
Review Board – RE: Magic show,” asking to “have a discussion of implementing a parental review board for
our library.”

58. On July 11, 2021, an anonymous source sent Ms. Lesley screenshots of a related group chat that
started on July 6, 2021. Some Campbell County residents who spoke at the July 7, 2021, Commissioners
meeting, Clem, and Commissioners Shelstad and Faber were discussing the strategy for public comments at
the upcoming July 7, 2021 Commissioners meeting, cancelling the magic show, and firing Ms. Lesley:

Resident 1: . . . The Library Board has overplayed their hand by promoting Pride Month without
authorization from the County Commissioners. The commissioners elected the Library Board
and they are not pleased with the Library’s promotion of LBGTIA+ [sic] in June. Therefore, we
have an open door to voice our disapproval of the library sponsoring perversion indoctrination.
See in this link: [Link] We are asking for 30-50 people to attend the County
Commissioners meeting tomorrow at 9:00 in the Court House . . . we need you to stand up for
the kids and push back against this blatant indoctrination that was unauthorized. If you want to
speak, please prepare your 3 minute comment. You may also address one of the books in the link
above. We will remind the commissioners that we love all people and do not hate anyone but the
library is not free to indoctrinate children to a world view or sexuality . . . Homosexuals have
repackaged and sold to the public behaviors which thousands of years of history, every major
world religion and uncompromising human biology have long identified as immoral and sexually
deviant . . .

Commissioner Shelstad: Our commissioner meeting is Wednesday at 9:00

...

Resident 1: [Link to YouTube video about the magician’s transition]

Resident 3: I told Colleen [Commissioner Faber] last night to fire the person in charge of
Library. If the library board won’t act commissioner’s [sic] have to send a clear message this
won’t be tolerated. Make it swift and decisive.

...

7
It is unlawful for government entities to discriminate against someone based on sexual orientation or gender
identity. Firing someone because of their transgender status violates Title VII. See Bostock v. Clayton County,
Georgia, 140 [Link]. 1731 (2020).
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 Commissioner Faber: Working on a parental review board – some states have legislation
regarding parental review boards and they have the power to fine the director and remove them.
However, that board cannot be appointed by our current library board – that would completely
defeat the purpose . . .

Resident 1: Everyone should go to the library like I did . . . We must have evidence to present to
others who are not aware so we can get the library cleaned up . . .

Commissioner Shelstad: Susan just please don’t start trouble with the staff. Let us work on this.

...

Resident 5: . . . having a transsexual entertaining children with “magic” is a predatory effort . . .

This IS NOT innocent childhood play, it’s sick. I’m very glad Del and Colleen are trying to stop
it before we have a drag queen reading to children at story hour . . .

...

Resident 5: Not so. Community standards apply . . .

...

Resident 6: @Del Shelstad I guess I’m a little unclear on the goal at this point. Are we wanting
to not allow pride month to be acknowledged or are we asking for no specific groups to be
celebrated? Are we against the content in library or just the advertisement of specific content?
Are we against the type of person who’s doing the magic show or are we against the content
within the magic show geared for young children . . .

Commissioner Shelstad: No specific groups to be recognized. Our job is to protects [sic] all
people’s rights. It’s really that simple.

...

Resident 6: Ok. Step 1. No specific groups recognized or advertised . . .

...

Clem: . . . The big reason why this thread was started was to make sure that doesn’t happen with
this transgender magic show next week. We already had a month when the library was actively
promoting sexual material to teens.

...

Resident 5: Got it . . . We need to run a hard email campaign where we all send individual
messages to the commissioners and possibly the library board. I think it would be the wise to get
ourselves all on the same page . . . The library brought him [the magician] in on our tax dollars
without informing us. At all. And we have the video evidence this guy is a tranny.8 That should
not be put in front of kids even if he’s the most milquetoast performer on the planet, because it’s
a method of ideological subversion. It’s grooming. Softening the kids up so they’ll be more
accepting of this perversion as they get older. No way around it. That lady [Ms. Lesley] at the

8
The term “tranny” is often used in a defamatory manner and as a slur against transgender individuals "to humiliate and degrade" them.
Bass, Lance, Why We Shouldn't Use the Word 'Tranny,' HUFFPOST (Dec. 23, 2011), [Link]
the-word-tranny_b_1168078.
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 meeting on Tuesday lied through her teeth as regards neutrality, the whole board needs to be
fired, and I think there’s a strong case to make that happen even twisting the arms of the liberal
commissioners. I said there would be trannies doing entertainment at the library last week. I am
flabbergasted that such events were less than a week out . . . She knew full well and pretended
she was being neutral. That alone is against our community and our taxes, and in my view
constitutes letting her and others with her go from the library board . . .

Resident 1: I love the strategy and I am all in!!!

59. The chat disclosed Commissioners Shelstad’s and Faber’s involvement in orchestrating efforts with
community members to ban certain library books, halt the magic show, and terminate Ms. Lesley.

60. Tellingly, at a December 20, 2022, Commissioners meeting, Commissioner Shelstad tacitly conceded
how inappropriate his participation in the conversation was, noting “I remember that I texted in that chat that
anything that I say in this group could be subject to public records request, and I exited the group.”

61. As the magic show neared, tensions escalated, and the Campbell Branch began to receive threats. An
unknown person parked at the curb, entered the Campbell Branch, and delivered a warning to front desk staff
that they better “cancel the program or else.”

62. Commissioner Maul reported receiving a threatening phone call regarding the magic show.

63. The magician also reported receiving a threatening phone call and message from Gillette, Wyoming.

64. Between July 11 and 13, 2021, Ms. Lesley reported all threats to the police department and made
security arrangements for the magic show.

65. On July 12, 2021, Commissioner Reardon emailed Ms. Lesley asking her to “please make sure that
[the magician] knows the situation here and keeps his [sic] program to magic and leaves out anything that
could be construed as LGBTQ? That would be most helpful.”

66. On July 12 and 13, 2021, Commissioner Reardon forwarded Ms. Lesley at least eight emails from
Campbell County residents to Commissioners. Largely, these emails contained anti-LGBTQ+ animus and
demanded the cancellation of the magic show because the transgender status of the magician:

a. One resident exhibiting overt hostility towards CCPLS contracting with transgender
individuals stated, “I am not ok with the Library Board scheduling a show at our community
library for someone who identifies as transgender.”

b. Another individual calling for CCPLS to discriminatorily exclude transgender individuals

from programming argued, “We were expecting the commissioners to exercise proper
oversight by relieving those complicit in approving and promoting sexual deviancy to our
youth against the expectations of the majority of the Campbell County public … Ms. Terri
Lesley, who represent the Campbell County Public Library at the recent meeting, was quick to
say they did not have an agenda with the Gay Pride month geared toward our teens . . . what
most of us would deem to be very inappropriate, unnecessary books . . . not even a month
later in July with a transgender magician coming in to “educate” our children for a two-
day scheduled event under the guise of ‘entertainment.’” (emphasis in original).

c. Another claimed, “The utilization of public money to advance the LGBTQ agenda at our local
library is unacceptable. The LGBTQ community uses such events in an attempt to confuse
children about their sexuality.”

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 d. A fourth individual vociferated: “Word on the street is, a perverted cross dressing queer
magician is coming to entertain children at the library this month to the little kids . . . Is it
really wise to introduce small children to perverts and encourage a cross dressing queer to
interact with elementary-aged children, or teenagers? . . . So please be advised, the
commissioners’ leadership or failure to exercise leadership in this case will very likely have
political consequences at the next election.”

e. A fifth resident claimed, “I am sending you this email to let you know how appalled I am that
our Public Library would promote the LGBTQ lifestyle in this way! . . . to bring in a person
who is going to influence our children like this is beyond my imagination! . . . If there is any
way to stop this ‘magic show’, I would hope you would do your best to influence the library
administration in any way you can.”

f. A sixth resident expressing a desire to exclude LGBTQ+ people from library programming
explained, “if this is a ‘magician show’ why are the LGBTQ+ people going to be in
attendance at the library? They have not been in attendance for other summer programs.”

g. Another resident argued that “the library is presenting a magic show by . . . a self identifying
transvestite . . . What are we going to promote next? Pedophilia, prostitution, dog fighting, or
whatever? I guess the sky’s the limit. I respectfully request you cancel this show.”

67. Given the threats to her safety and animosity fomented against her by some of Respondents’ agents
and several community members, the magician cancelled the magic show due to concerns for the safety of
the children attending, CCPLS staff, and herself.

68. Ms. Lesley issued a press release notifying the community about the cancelled magic show.

69. Despite the magic program being cancelled, a small number of community protestors gathered
outside the Campbell Branch on the day the magic show had been scheduled with posters such as, “YOUR
LIBRARY OK’S LGBTQ,” “DON’T TRANS OUR KIDS” and “1% TAX PROMOTES LGBTQ.”

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 The Commissioners Proceed with Implementing New Goals

70. Although Commissioner Shelstad stated the goal was for “No specific groups to be recognized,”
Campbell County residents again voiced explicit anti-LGBTQ+ animus and discriminatory intentions, as
well as associational and retaliatory animus against Ms. Lesley, during the following public comments
session on the Commissioners meeting on July 20, 2021. Some examples:

a. One resident specifically called attention to LGBTQ+ individuals and their supporters present
in the meeting: “There are people wearing rainbow literature, rainbow flags, rainbow shirts
back there.” He questioned, “If Terri Lesley did no background check on this individual, how
do we know that there have been no transexuals in this community before? . . . What kind of
political shenanigans are we hiding behind that we are bringing transsexualism into this
community?”

b. Another resident argued, “You men [the Commissioners] are in positions of authority.
Exercise it. What’s the problem with protecting our children from perversion? . . . Why aren’t
you doing anything? We’ve got a library director who was either unaware or unwilling to
disclose at the last meeting that we had a transgender performer scheduled for our kids . . .
The performer cancelled his [sic] performance due to death threats, which is patently false . . .
The people who want to pervert our kids love to paint themselves as victims who are
misunderstood. Turn your back on them and see what happens.”

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 71. After the public comments session, both Commissioners Faber and Shelstad employed child
protectionism language while invoking degrading stereotypes and manufacturing dangers associated with
transgender individuals.9

72. Commissioner Colleen Faber explained “When a child’s entertained by a successful entertainer like
[the magician in question] they are inspired . . . they want to learn more about that person . . . they may go to
YouTube and see videos that aren’t appropriate for a child . . . I feel a great responsibility as a County
Commissioner about protecting our children.”

73. Likewise, Commissioner Shelstad, while pointedly misgendering the magician, said, “I took the
liberty to call [the magician] . . . why can he [sic] say he [sic] is concerned about the kids, but the parents of
Gillette cannot?”

74. A Library Board meeting held on July 26, 2021, included a review of the Collection Development
Policy, which outlines the principles governing the selection and maintenance of books within CCPLS. Per
the policy, staff use software and objective data such as durability, circulation statistics, budget constraints,
patron demand, shelf space, literary merit, accuracy, and social significance.

75. During the meeting, some community members vociferously criticized Ms. Lesley and the Library
Board, accusing them of corrupting, grooming, and indoctrinating children while endangering children by
promoting pedophilia.

76. At that time, the Library Board was composed of the following five members:

a. Charlie Anderson, former City of Gillette attorney

b. Dr. Hollie Stewart, a pediatrician
c. Miranda Miller-Finn, an assistant English professor
d. Nancy Stovall, a retired engineering manager
e. Mandy Steward, newly-appointed

77. On July 27, 2021, in response to the vitriol against the LGBTQ+ community and those who supported
them at these July meetings, Campbell County released a Statement on Tolerance and Anti-Discrimination:

9
The strategy of masking LGBTQ+ prejudice behind the rhetoric of “protecting children” becomes more prominent
over the course of the two years during which these facts took place, mirroring a similar strategy nationally to make
overt discrimination more palatable to the public.
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78. Despite that statement, Campbell County residents continued to repeatedly tell Commissioners their
anti-LGBTQ+ discriminatory motivations behind requests to move books, change policies, and terminate
Ms. Lesley, tying their rationale to the community’s “Christian,” “conservative,” and “moral” values. For
example,

a. At the August 3, 2021, Commissioners meeting, Public Comments included a prayer for Ms.
Lesley and Commissioners Maul, Bell, and Reardon to repent or be removed and for policies
to be put in place that would “keep this wickedness from happening again and let Campbell
County act as a bastion for the rest of the country to follow suit.”

b. An email to Commissioners on August 5, 2021, accused Ms. Leslie and others of criminal
sexual exploitation, describing how, “Our Public Library is no longer a ‘Safe Place’ for
minors . . . in the heterosexual community, access to similar sexually explicit material in
public stores without showing identification of 18 years or older is not offered or pushed . . .
Additionally those who have been convicted of sexually deviant behaviors, such as pedophilia
are not allowed on public school property and are not allowed to be near children even to
entertain . . . currently our public library administration is acting ignorantly and not in the best
interest of our children or this community by providing and promoting such material . . . I
wonder if this is actually looking dangerously more like child endangerment according to the
Sexual Exploitation of Children Act W.S. 6-4-303 . . . Are our County Commissioners and
Library administration and, or board of Trustees engaging in any way, shape or form in luring
and enticing our children by distributing sexually explicit graphic inappropriate, harmful
material by being indifferent, proud, negligent and, or apathetic by downplaying our warning
or ‘passing the buck’ and disrespecting or ignoring our grievances in any way? I sure hope
not.”

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 Terri Lesley Opposed LGBTQ+ Illegally Removing Library Books

79. Most of the books that censorship advocates were seeking to remove from the children and teen
collections were centered around the experiences of LGBTQ+ people and included age-appropriate content
with that theme.

80. Between July 2021 and July 2023, Ms. Lesley repeatedly stated at public Library Board meetings that
removing these books from the children and teen collections would constitute censorship and was in
violation of the First Amendment.

81. Throughout that time, multiple attorneys, some even hired by the Library Board, shared legal analysis
with board members, Commissioners, and Campbell County attesting to the same.

82. Ms. Lesley believed removing these books was discriminatory towards members of the LGBTQ+
community.

83. The Library received the first Request for Reconsideration of Library Materials on August 11, 2021.

84. The following day, at a joint meeting of the Library Board and Commissioners, Ms. Lesley explained
the Collection Development Policy and the process of Requests for Reconsideration of Library Materials in
detail.

85. If a patron sees something they think should not be on a shelf, the process to challenge a book is to
first speak with a librarian. If the patron is not satisfied with the conversation, they may submit a Request for
Reconsideration of Library Materials form. The manager of the relevant collection then reviews the concerns
and drafts a response that the library director reviews before it is sent to the patron. If the patron is not
satisfied, they may speak with the library director, and ultimately appeal to the Library Board, which is the
ultimate authority in deciding whether the book remains in the collection.

Commissioners Participate In and Facilitate the Onslaught of Anti-LGBTQ+ and Retaliatory Sentiment
86. Between August 11, 2021 and November 8, 2021, seventeen individuals officially submitted fifty-
seven challenges against twenty-nine books.

87. Seventeen of those books centered around the experiences of LGBTQ+ people.10

88. No Request was submitted from a parent whose child looked at or checked out a book the parent
thought was inappropriate.

89. Three of those seventeen individuals were Commissioners Faber, Maul, and Shelstad. On August 16,
2021, they each submitted a request to remove the teen-appropriate This Book is Gay by Juno Dawson, just
five days after CCPLS received the its first coordinated request to remove primarily LGBTQ+ books.

90. At the Commissioners meeting the very next day, a Campbell County resident claimed, “I’m here to
address what seems to be illegal activity taking place . . . This Book is Gay by James Dawson encouraged
enticement and that’s not the only book among the materials in the library that do . . . [those responsible]
fools should be removed from their positions and other people should be put in their place.”

91. On August 19, 2021, Ms. Lesley, Ms. Darcy Acord, and the Commissioners received an email from
Arthur Schaper, field director of California MassResistance, demanding Ms. Lesley’s resignation because its

10
One children’s picture book was irrationally misconstrued to be about a transgender child and another book was
already in the adult section.
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members “fight back against the outrageous, inappropriate, and destructive LGBT indoctrination making its
way into the public libraries under your supervision.”

92. At the September 8, 2021, Commissioners meeting, a Campbell County resident demanded that the
“Commissioners [] fire the director. They can fire the board . . . the power exists to do that. And it’s not
being done . . . what we’re dealing with today isn’t one of protecting a class of minorities. It’s one of using
politics to facilitate weakness . . . it’s something that’s been seen historically. The Greeks and the Romans
had gay people, and their societies imploded . . . it’s known historically that when this vice . . . becomes
inherent to society, it destroys that society. We need to stop it. And those County Commissioners that will
not stop it, your reputation is one of bringing gay porn to kids that could be stopped as easily as moving the
books.”

93. At the September 21, 2021, Commissioners meeting, Commissioner Shelstad openly critiqued the
book challenge process because he did not get the result he wanted. He advocated for doing away with
institutional safeguards and interjecting his personal politics into the process. He personally considered This
Book is Gay to be “pornographic” and the response to his challenge to be “more cover your butt” than an
explanation. According to him, leaving LGBTQ+ content on the shelves was “creating division” in the
community and he “would hope” that the Library Board—whose members the Commissioners appoint—
would implement his personal politics and “make this issue better and not worse.”

94. The following week, on September 27, 2021, at a joint meeting of the Commissioners and Library
Board, Commissioner Faber scolded library staff for not processing the book challenges more quickly and
Commissioner Shelstad shared his opinion that the library should not be funded: “If that means closing it,
then we close it.”

95. On September 29, 2021, two Campbell County residents who had been particularly vocal in their
vitriol against LGBTQ+ and advocacy for firing Ms. Lesley and the Library Board sought criminal charges
against Ms. Lesley. Hugh and Susan Bennett brought four books and photocopied pages of This Book is Gay
to the Campbell County Sheriff’s Office as evidence of the “pornography” and “felony behavior.” The
Campbell County Attorney’s Office brought in the Weston County and Prosecuting Attorney’s Office to
investigate.

96. At the October 5, 2021, Commissioners meeting, one Campbell County resident claimed the Library
Board and Ms. Lesley committed misconduct by “failing to inform the community that a transexual had been
booked for child entertainment . . . You can fire the board of directors. You can fire the library director . . . if
there is anyone in this room who is against child sexualization, would you please stand? Director Terri
Lesley did not stand.”

97. At the October 19, 2021, Commissioners meeting, Campbell County residents sat in the front row
holding signs that said, “FIRE DARCY ACORD CHILDREN’S DIRECTOR” and “FIRE THE DIRECTOR
[TERRI LESLEY].”

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98. Less than two months after three Commissioners challenged This Book is Gay by Juno Dawson,
Commissioner Faber appealed CCPLS’s decision not to remove the book—intended for teens—from the
Campbell Branch’s teen collection.
Commissioners Publicly Laid the Foundation for Anti-LGBTQ+ Appeals When Books Were Not Removed

99. On October 25, 2021, the Library Board heard the first appeal of a book CCPLS refused to move.

100. Commissioner Faber appealed the decision to keep This Book is Gay by Juno Dawson in the
Campbell Branch’s teen collection.

101. Board Member Anderson stated he had a concern with Commissioners challenging books and
appealing those CCPLS chose not to remove. He said it was a conflict of interest because the Commissioners
appoint Library Board Members and fund CCPLS.

102. Commissioner Colleen Faber denied the conflict-of-interest concern saying she was not appealing as
a Commissioner.

103. In her verbal appeal, Commissioner Faber mentioned that she was in a rush to submit her challenge,
so she handed out three additional pages to the Library Board before speaking.

104. Instead of This Book is Gay, Commissioner Faber suggested that teens read Passion and Purity:
Learning to Bring Your Love Life Under Christ's Control by Elisabeth Elliot and Gay Girl, Good God: The
Story of Who I Was, and Who God Has Always Been by Jackie Hill Perry, which describes how the author
found God and rejected her former lesbian identity to become straight.

105. Ms. Lesley replied that CCPLS was happy to look into ordering both suggestions and would have
already done so had they been included in the written request.

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 106. Commissioner Faber attacked This Book is Gay, arguing that it “promotes more of a risky and
abnormal behavior.”

107. The Library Board denied the appeal and stated their decision was influenced by First Amendment
protections and the federal court decision in Sund v. City of Wichita Falls, Texas 121 [Link].2d 530 (N.D.
Texas, 2000).11

108. Throughout this meeting, one individual is holding up a sign that says, “CCPL Knowingly
Encourages SEX for Minors and that’s a crime.”

109. Two days later, the Weston County and Prosecuting Attorney’s Office expressly stated that Ms.
Lesley and the Library staff are not committing a criminal offense according to any law.

110. On October 27, 2021, in a letter to the Campbell County Sheriff, the Weston County and Prosecuting
Attorney’s Office declined to pursue any criminal charges.

111. Michael Stulken, a Weston County and Prosecuting Attorney, determined the charges filed against
Ms. Lesley and other library staff were not prosecutable under the law. According to his analysis:

a. The materials were not “obscene” as “clearly defined by Wyoming Statute 6-4-301(a)(iii).”
Obscenity “requires a three-point determination based upon an ‘average person’ standard:
First, when applying contemporary community standards, taken as a whole, the material
appeals to the prurient interest; second, when applying contemporary community standards,
the material depicts or describes sexual conduct in a patently offensive way; and, third, taken
as a whole, the material lacks serious literary, artistic, political or scientific value. One would
be hard pressed in a criminal prosecution to prove that the materials presented, when applying
contemporary community standards and taking them as a whole, appeal to prurient interest.
The books in question do not, when applying contemporary community standards,
criminally describe sexual conduct in a patently offensive manner and they may have
scientific value.” (emphasis added)

b. He determined, “no other law would provide a basis to institute criminal prosecution for the
subject matter in question.”

c. His analysis of the content was “in addition to” the fact that the Wyoming crime of
promoting obscenity (W.S. § 6-4-302) does not apply to libraries. (emphasis added.)

d. Stulken concluded, “those who presented these books for public dissemination, viewing, and
consumption should not be subject to criminal prosecution.” Exhibit 1. Stulken Legal
Memorandum.

112. Despite the unambiguous wording and analysis of the Prosecuting Attorney’s memorandum,
Respondents’ quest to estrange LGBTQ+ community members and target Ms. Lesley did not cease.
The Board Continued to Hear anti-LGBTQ+ Appeals for Months

113. At the November 22, 2021, Library Board meeting, signs along the wall said, “FIRE THE
DIRECTOR” and “FIRE TERRI LESLEY.”

11
In Sund, a city council created a process for moving “objectionable” books from the children’s section to the adult
section of a library. The court concluded this violated the First and Fourteenth Amendments and a library, “cannot
limit access to library materials solely on the basis of the content in those materials, unless the City can demonstrate
that the restriction is necessary to achieve a compelling government interest and there are not less restrictive
alternatives for achieving that interest.” Sund, 121 [Link].2d at 548.
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114. At that meeting, the Library Board heard three appeals by one Campbell County resident for books
CCPLS declined to remove, including Mary Wears What She Wants by Keith Negley. The resident did not
seem to have read the books. She mistakenly thought this picture book about Mary Edwards Walker, the first
female U.S. Army surgeon and only woman to receive the Medal of Honor was LGBTQ+ themed. The book
focuses on Mary as a young girl in the 1800s. Mary was neither transgender nor a lesbian but did famously
insist on wearing pants. In protesting the book, the resident described the book as “a breakdown of family”
because Mary says, “I’m not wearing boys’ clothes . . . I’m wearing my clothes.” According to the resident,
the most offensive aspect of the story is the final two pages: “Maybe in New York and California it’d be
okay, but we live in a cowboy state, and I don’t think that the cowboys are really gonna like seeing a man in
a dress or even the drag queens in clubs, so when you’re crossing out the boys and girls clothes, that’s saying
that the boys can wear a dress if they want to and I like I said I don’t think cowboys are gonna like that too
well.”

115. During the Public Comments Session of that Library Board meeting, several Campbell County
continued to express explicit anti-LGBTQ+ bias as their rationale for removing books from the children and
teen collection.

116. The following month, on December 20, 2021, the Library Board heard a joint appeal of a request to
remove TransMission: My Quest to a Beard by Alex Bertie from two Campbell County residents. Although
during public comments the residents stated their objections had “nothing to do with the LGBT adult
community,” they nevertheless during the appeal claimed the book “promotes a radical LGBT agenda,” and
the “radical perversion” of children. They claimed CCPLS “stubbornly” refused to “remove the most vile
perverted books.” They described the author, a transgender woman who received gender-affirming
healthcare, as “a young girl who wants to be a guy” with “a lot of mental issues apparently.”

117. On January 6, 2022, the Commissioners elected Commissioner Shelstad to serve as the 2022
Chairman.

118. In the first two meetings of 2022, on January 24, and February 28, 2022, the Library Board heard five
more appeals of books CCPLS declined to remove. Rationales for removing all five books included
explicitly anti-LGBTQ+ discriminatory language, and one included explicitly racist language.

119. The first appeal on January 24, 2022, for The Babysitters’ Coven by Kate Williams, included
explicitly anti-LGBTQ+ discriminatory and racist language. One censorship advocate complained, “In this
library, we see the gay agenda, critical race theory (CRT), and occultism. CRT and the gay agenda are both
in this book. Albeit in a minor capacity, but all you need is one percent rat poison and ninety-nine percent

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bait and that will kill a rodent. You don’t need a lot of poison to poison somebody, so the amount is not the
issue. It’s that it’s there at all.”

120. The second appeal that day was to remove A Quick & Easy Guide to Queer & Trans Identities by
Mady G and Jules Zuckerberg. Again, explicitly anti-LGBTQ+ prejudice against LGBTQ+ people motivated
the appeal. The individual seeking to restrict access and remove the book called it “propaganda to brainwash
young children,” analogizing it to an animated guide of “different kinds of prostitutes and aiming that at
kids.” He went on, “encouraging the [gender] dysphoria is in effect collaterally encouraging the deaths by
despair or suicide,” and “to present it before children is child abuse to the point of grooming.”

121. The third appeal on January 24, 2022, was to remove Music from Another World by Robin Talley, a
book about two female pen pals exploring their relationship. As with the other two appeals, the resident who
wished to censor the book railed against LGBTQ+ people and the themes of the book, vociferated both in
writing and while testifying that, “This book specifically renders bigotry against Christian ideology,”
promotes “perverse self-direct sexuality against unsophisticated teenage girls,” that the book is “in the same
category as teaching children how to drink,” and that it “grooms teenagers.” The resident also characterized
Harvey Milk (the first gay mayor of San Franscisco), to whom one of the characters in the book writes, as a
“pedophile predator,” a “historically gay rapist,” and a “pedophile rapist,” analogizing Milk to the deadly
cult leader Charlie Manson. He accused the book of “normalizing sexual perversity” and “propaganda.”

122. On February 28, 2022, at the Library Board meeting, yet more appeals were brought. One was for the
book Be Amazing: A History of Pride by Desmond is Amazing. The opponent of the book, characterized the
author as “a mascot used by the gay community to advance the gay agenda,” and claimed that “it’s worth
pointing out that being yourself was part of the drag queen that was booked by the one percent penny power
[referring to the magic show cancelled in July 2021].” The resident also raged against drag queens,
complaining that “the concept of drag is antithetical to being oneself…[and] some sort of addiction,” because
“men are men. Women are women. Boys are boys. Girls are girls. [And] [t]hey need to be brought up in the
way they should go, so that when they’re old they won’t depart from it.” The resident also expressed hostility
towards the LGBTQ+ community, referring to the author and other LGBTQ+ people as pedophiles and
claiming library staff was engaged in criminal child abuse, asserting that “we don’t want a bunch of
pedophiles trafficking little boys like Desmond . . . [who] is being trafficked and used as a mascot and this
book itself evidences that. The book tacitly encourages human trafficking and . . . that tacit encouragement
extends to those who would include it among the collection’s policy. Might as well just mess with the kids
themselves. I don’t like that. This is a by proxy [sic] application of child abuse.”

123. Also at that meeting, notwithstanding the disclaimer that “this is not about gay or straight,” a resident
seeking removal of Sex Plus: Learning, Loving, and Enjoying Your Body by Laci Green, a general sex-
education book that includes a section on LGBTQ+ relationships, claimed library staff was engaged in a
“crime” for “knowingly encouraging and/or enticing minor sexuality,” that the book “on its cover openly
advocates for sodomy using colloquial pictography of the generation it seeks to communicate with. That’s
grooming propaganda,” and describing the book as “unhealthy porn” that “encourages human trafficking.”

124. During the January and February monthly public comments sessions, residents accused Ms. Lesley of
“being dishonest,” accused her of engaging in criminal misconduct, and called for her removal, in response
to which the Board Members did absolutely nothing to correct the record or protect Ms. Lesley from the
harassment and abuse.

a. One Campbell County resident at the January Library Board meeting alleged Ms. Lesley and
the collections staff were endangering children by citing to the American Library
Association’s (“ALA”) best practices encapsulated in the library system’s collection
development policy, calling the ALA “this radical, now far left, perverted organization, the
ALA, and your policy. There’s sodomy foreplay for four-year-olds in our library in this book

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 Sex is a Funny Word . . . You’re lying to us . . . Terri Lesley, we don’t believe you. We want
something done. Our children are in danger because of you guys.”12

b. In February, one Campbell County resident demanded of the Board that “you remove Terri
Lesley as Director of the Library or force her resignation for repeatedly being dishonest with
the citizens of Campbell County.”

125. At the same time as these Library Board meetings were taking place, on February 5, 2022, Library
Board Chair Stewart resigned, creating a vacancy on the Library Board for the Commissioners to fill.13

126. By March 1, 2022, Campbell County residents were insisting that Commissioners appoint “some
people that might act in the interest of the community,” “the right person,” and demanding an explanation for
why schools and libraries are exempt from Wyoming criminal statutes with “penalties for individuals who
disseminate obscene materials.”

127. At the following Commissioners meeting on March 15, 2022, one Campbell County resident
provided her version of the timeline since July 2021: “We almost have had a county-wide health crisis
because of the obscenity and perversion that’s been in the library. We discovered it last June when we
discovered they were bringing a transgender to do a magic show and the transgender was not background
checked and he [sic] was going to be allowed to be alone with teenagers in an event called a teen-only show .
. . Our library director claimed there were death threats. She’s been very dishonest through this . . . They’ve
not removed a single book from the library . . . Matthew Shepherd was not a hate crime. He was killed by his
lovers . . . I would like to hear that something’s going to happen soon for our children.”
Campbell County Deputy County and Prosecuting Attorney Advised the Commissioners About Library
Board Appointments and Library Policy

128. On March 4, 2022, Commissioner Shelstad texted Commissioner Bell asking Bell for his thoughts
about the impending interviews for now-vacant Library Board position. In particular, he suggested to Bell
that the Commissioners appoint Sage Bear.

129. In response, Commissioner Bell emailed Emily S. Williams, a Campbell County Deputy County and
Prosecuting Attorney, to inform her that Commissioner Shelstad appeared to be violating open meeting laws.

130. A few days later, on March 7, 2022, Ms. Williams emailed the Commissioners with best practices for
Library Board candidate interviews, emphasizing that given all the book challenges, Commissioners should
“pay[]special attention to whether a library board candidate will uphold the Library Board By Laws, current
policies, statutes, Constitutional law, and other relevant case law will be paramount to avoiding liability and
expense.” Exhibit 2, Williams-Shelstad Email Chain – Library Applicants.

131. Commissioners Shelstad and Faber, however, completely ignored the legal advice and acted to the
contrary, notwithstanding Williams’ further email advice that,

12
Not content to just characterize the ALA as a radical, perverted organization, another resident complained that the
ALA would bring about mass death and destruction, resulting in the end of the world, complaining of the ALA that
“they’re promoting equity, which is just not possible here in the—or shouldn’t be possible in the United States . . .
And diversity and inclusion, which these are like key words for promoting the LGBTQ agenda, which it is an
agenda. Their agenda is to destroy the nuclear family as designed and created by God, an institution established by
God of marriage between one man and one woman. And if the nuclear family is destroyed, then our United States
will be destroyed. If our United States is destroyed, all nations will fall and thus instituting the rise of the one world
order, which will not be good for any of us. People will die under the one world order.”

13
In the interim, until July 2022, Board Member Anderson filled the role of Chair.
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 …it is extremely important that the interview process not inadvertently discriminate against or be
seen to summarily exclude any applicant based on their personal beliefs, standards, connections
with any group, organization etc. . . . Interviewing all parties removes the suspicion of potential
favoritism and bias by County Commissioners. Also, as you say, because the applicants are
likely unaware of current law it is imperative that at a minimum the applicant be made aware of
the library policies they will be asked to enforce as a member of the Board. They must
understand that their personal opinions- whatever those may be- come secondary to the Board’s
adopted policies. The Commissioners should do their best to ascertain if any applicant would be
unwilling to adhere to the library policies or have biases they could not set aside to perform their
responsibilities as a board member. This information may be critical to weed out those who may
attempt to illegally abuse their authority and engage in misconduct which would statutorily
require removal and expose the county to liability.

132. Commissioner Shelstad replied that two applicants, including Sage Bear, had interviewed before the
first book challenge and could just be appointed without violating any law, but Ms. Williams protested,
explaining that the vacancies were new positions, and from a legal standpoint, investigations into previous
candidates was warranted, fair, and reasonable under the law. She further explained that refusing to interview
and consider candidates who applied after the book banning push might in and of itself imply unlawful
prejudice or bias by the Commissioners.

133. At the same time as her written communications with Commissioner Shelstad, Ms. Williams sent all
Commissioners her legal analysis of CCPLS’s current policies and a proposed public statement regarding
them. Exhibit 3, Williams-Shelstad Email Chain – Policy Commentary. Specifically, Ms. Williams warned
that she and a former county attorney who resigned in November 2021 both came to independent legal
conclusions, “censorship attempts are violations of the current policy, and that removal of the Library
Director is unfounded, and that litigation regarding censorship – which is waiting in the wings on all
sides – would be cripplingly costly, time consuming, and very likely unsuccessful for the County.”
Exhibit 4, Williams Request for Investigation.

134. She received no response from Commissioner Shelstad and was simply told that “he would never
support anything in the Memo [she had authored] and said he knew Faber, Maul and Hamm would not
either.” Exhibit 4, Williams Request for Investigation.14

135. Furthermore, instead of heeding Ms. Williams’ legal advice, Commissioner Shelstad interrogated
applicants for the vacant Board positions about their thoughts on the ALA, specifically guiding the winning
answer away from support of the ALA. Each applicant was asked, if they were familiar with the ALA, and if
they thought the organization was a “good fit for this rural Wyoming community.” In public comments at a
later monthly public meeting, Commissioner Shelstad admitted that, “I think the ALA is a terrible
organization. I do. So all of a sudden somebody answers that question the way I want them to. I’m probably
going to write that person down as somebody I would pick.”

136. During her interview, Sage Bear, expressed her opinions that the ALA was “way more liberal than
our conservative values here,” she considered the library issues to have resulted from the CCPLS’s
understanding that moving books qualified as censorship, and inappropriate books should have warning
labels.

14
Ms. Williams soon resigned and asked the Wyoming State Bar’s Counsel, Mark W. Gifford, to initiate an
investigation, primarily into open meetings and open records laws. This is because Ms. Williams was aware of
documentation provided to certain Commissioners from Board Member Bear’s husband, Representative John Bear,
advising the Commissioners that they did not have to release text messages regarding county matters as long as they
are not sent in “group texts.” She believed this to be untrue, and evidence of a clandestine conversation about
appointing Representative Bear’s wife to the Library Board and to remove Ms. Lesley. Exhibit 4, Williams Request
for Investigation.
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 137. At the next Commissioners meeting, on April 5, 2022, the Commissioners appointed Sage Bear to the
Library Board.

138. According to Commissioner Bell, the decision to appoint her was already made before any candidates
were interviewed.
Commissioners Cut Library Funding Based on Constituents’ LGBTQ+ Animus
139. After about nine months of Campbell County residents expressing anti-LGBTQ+ motivations for
removing books from the children and teen collections in the Campbell Branch, if not the entire collection,
they requested that funding for that library branch be cut, much for the same reasons.

140. Censorship advocates complained that funds were going to “sexualizing children,” to “propaganda”
about the “rainbow lifestyle,” to “prurient sexual propaganda” and “pornography,” and in support of pushing
the “transexual movement” and “trans agenda.” They called the challenged books “poison,” and accused Ms.
Lesley and other library staff being “dishonest” and “liars.”

141. Instead of protecting Ms. Lesly and pushing back against such characterization of his own public
employees, Commissioner Shelstad admitted that he had been “pretty vocal about this at the beginning. . .
our job is to appoint board members . . . we were elected by our constituents to do their will in this county.”

142. He further conceded that the funds were being removed from the library system’s budget in
retaliation for their protected activities and First Amendment stance, despite the fact that all legal opinions
obtained by the Commissioners and Library Board supported Ms. Lesley’s and other staff’s position.15

143. On May 13, 2022, the Commissioners decided to cut what is known as the “Penny Tax,” 41% of the
funds for youth books and programs from the CCPLS’s budget.

144. At the budget hearing on June 20, 2022, the Commissioners reinstated some funds to the Wright
Branch, but none to Campbell Branch.
Commissioners Continued to Appoint New Library Board Members in an Illegal Manner

145. Two vacancies were created to be filled on July 6, 2022:

a. Library Board Member Miranda Miller-Finn did not apply for a second term.

b. Library Board Member Nancy Stovall had served the two-term limit.

146. Commissioner Shelstad continued to ask applicants the same question about their thoughts on the
ALA.

147. Commissioner Faber also interrogated candidates about their “community values.”

148. On July 6, 2022, the Commissioners appointed Charles “Chuck” Butler and Chelsie Collier to fill the
Library Board’s two vacancies.

149. On July 25, 2022, Board member Mandy Steward also resigned, stating personal reasons.

15
Commissioner Shelstad’s request is no different than censorship and book banning in sheep’s clothing. After a
judge in Llano County, Texas ordered library books that had been “unlawfully removed” based on their content to
be returned to shelves, the City Council almost voted to shut the whole library system down rather than return the
books. See Little v. Llano Cnty., No. 1:22-CV-424-RP, 2023 WL 2731089 (W.D. Tex. Mar. 30, 2023).
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 150. On August 2, 2022, without holding the newly created vacancy open for applications, the
Commissioners appointed Darcy Lyon to the Library Board.16

151. Commissioner Shelstad explained that instead of utilizing the usual appointing procedures, the
Commissioners simply had remaining applicants from the past called and kept on the list.

152. The Library Board now consisted of four new members and Charlie Anderson:

a. Sage Bear (FY 2023/24 Chair), owner of a flower farm and dry cleaners
b. Charles “Chuck” Butler (FY 2023/24 Vice Chair), retired17
c. Chelsie Collier (FY 2023/24 Treasurer), an elementary school teacher
d. Darcy Lyon, an instructional aide at an elementary school
e. Charlie Anderson (whose second three-year term expires in July 2024), interim judge
overseeing the Municipal Court for the City of Gillette since early 2023

153. At the end of September, 2022, Chairwoman Bear expressed her intent to Denton Knapp,
Commissioners Administrative Service Director, to revise CCPLS’s collection development policy and fire
Ms. Lesley.
The Library Board Votes to Revise the CCPLS Mission Statement Against Legal Advice and Leaves the
American Library Association Despite Drastic Losses in Funding
154. At this time, the CCPLS mission statement read: “Our mission is to provide diverse cultural
opportunities for reading, learning and entertainment to all citizens of our community. We lead the way to a
universe of information with personal service and technology.”

155. But, in furtherance of their discriminatory agenda, the Commissioners sought to revise the mission
statement now that they had appointed an almost completely new, and much more complicit, Library Board.

156. In a legal memorandum dated October 13, 2022, Nick Norris of Lubnau Law answered two questions
for the Library Board, including, specifically, “May the Library Board add the language ‘while upholding
community standards’ to their mission statement?”18

157. Given the context, by “community standards” the Library Board sought to employ facially neutral
language to serve the unlawful purposes of discriminating and engaging in censorship.

158. Clearly comprehending this, Mr. Norris advised the Library Board against modifying the mission
statement as proposed “because it will expose the Library to undue legal scrutiny, and, in application, will
undoubtably lead to violations of First Amendment protections.” Exhibit 5, Norris Legal Memorandum.

16
This decision was directly against Ms. Williams’ advice in March 2022 that each new vacancy required a new
application process.
17
Board Member Butler was temporarily employed at Board Member Bear’s dry cleaning company from October
18, 2022, to February 27, 2023. This is discussed later as a conflict of interest that caused the Library Board to re-
vote on the decision to revise the CCPLS Mission Statement.
18
The other question was whether CCPLS could remove specific children’s books deemed “objectionable” from the
children’s section to the adult section. Mr. Norris advised that “moving books with a target market of children,
which the Library Board finds objectionable (for whatever reason)” is “presumptively unconstitutional.” In his
explanation, Mr. Norris also cited U.S. Supreme Court language: “Clearly all nudity cannot be deemed obscene even
as to minors.” Ginsberg v. New York, 390 U.S. 629 (1968). He specified the seeming unlikeliness that “the books
identified by the Library Board” would be found to be legally “obscene as to children.”
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 159. Mr. Norris warned, “Adding ‘community standards’ to the mission statement provides the potential
complainant evidence to support a First Amendment claim and a reason for the court to scrutinize policy . . .
if the library carries out the revised mission and restricts access to certain content to ‘uphold community
standards’ it will be in violation of First Amendment protections.”

160. In addition to the Library Board, this memorandum was sent to Commissioner Shelstad, among
others.

161. Against this advice, on October 24, 2022, the Library Board revised the CCPLS Mission Statement.

162. The mission statement of CCPLS now read: “Our mission is to provide diverse cultural opportunities
while reflecting community standards. We strive to provide diverse cultural opportunities for reading,
learning, and entertainment to all citizens of our community. We lead the way to a universe of information
with personal service and technology.”

163. On October 24, 2022, the Library Board also heard public comments about their proposal to
disassociate from the ALA. The organization states it is “committed to serving the information needs of the
LGBTQIA+ professional library community, and the LGBTQIA+ information and access needs of
individuals at large. We are committed to encouraging and supporting the free and necessary access to all
information.”19

164. As usual, those who spoke in favor of disassociating from the ALA complained about “gay marriage”
and “pride,” and vociferated against “sexualizing children,” “homosexual books,” the “LGBTQ agenda,” and
“perverting kids.”

165. Although more community members at the public meeting spoke in support of maintaining
association with the ALA than those who spoke in support of disassociating from the ALA, the Library
Board voted 4:1 to disassociate from the ALA.

166. At a joint meeting between the Library Board and Commissioners, on December 6, 2022, Library
Board Member Charlie Anderson reminded the Commissioners that restricting books from their intended
audience is censorship, that he sent them a copy of the previously-mentioned Sund opinion, and that he wrote
them a memo about it: “Sund is the case in which they did some of the things being talked about. These
standards apply to everybody.”

167. The Library Board began holding workshops to revise the Collection Development Policy.

168. Around this same time, on January 4, 2023, the Commissioners chose Commissioner Faber to serve
as 2023 Chairwoman.

169. The Library Board began holding workshops to revise the Collection Development Policy in January
2023, systematically eliminating all references to the ALA.

170. At one such meeting, on January 5, 2023, Kyle Ferris, a Campbell County Deputy County and
Prosecuting Attorney and former Library Board member, reminded the Library Board that First Amendment
protection is not for the majority of the community, it is for the entire community, and it would protect
content over which two average adults would disagree.

171. Also, Library Board Member Anderson reminded the Library Board that the Weston County and
Prosecuting Attorney’s Office said the materials were not obscene, argued that language from the Children’s
Internet Protection Act (CIPA) that Chairwoman Bear wanted to include was not relevant for books.

19
[Link]

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 172. At another Collection Development Policy meeting on February 27, 2023, Chairwoman Bear
mentioned she had been working with what she referred to as a “law firm,” Liberty Counsel who she said
agreed to write the policy and defend it if it is challenged in court.20

173. At another Collection Development Policy meeting on March 9, 2023, the Library Board worked
through the version of the Collection Development Policy written by Liberty Counsel, which Library Board
Member Charlie Anderson referred to as “a radical departure from everything we talked about before.”

174. On April 3, 2023, Mr. Ferris emailed the Library Board and others with a copy of the court opinion in
Little v. Llano County (5th Cir. 2023) with his analysis that the decision regarded “similar matters before our
board” and was “not favorable to our position with regard to the proposed policy changes.”
The New Library Board Votes to Terminate Terri Lesley and Revise the Collection Development Policy
175. On June 8, 2023, the Library Board also held a Special Board Meeting at CCPLS in Gillette,
Wyoming. During the meeting, the Board approved highly subjective revisions to the Collection
Development Policy. Exhibit 6. Collection Development Policy.

176. In addition to no longer including any references to the ALA, the Board-Approved Collection
Development Policy includes language from CIPA, involves the Library Board earlier in the book challenge
process, and allows books to be re-challenged after three years.

177. Given the context, Ms. Lesley became immediately concerned that CCPLS would wield the vague
and entirely subjective criteria in the new Collection Development Policy to censor books designed for
LGBTQ+ individuals.

178. At the June 26, 2023, Library Board meeting, Ms. Lesley also publicly reported that one percent tax
funds were approved for the Wright Branch but not Campbell Branch. The reason for this was because
Commissioner Shelstad declined to restore the one percent tax funds until the challenged books were
removed from the children and teen collection.

179. At the meeting, two Campbell County residents complained again about Sex is a Funny Word,
describing it as “repulsive,” “obscene,” “perverted,” and “sexually explicit.” Sex is a Funny Word, was
amongst the book titles the Weston County and Prosecuting Attorney’s Office said was not obscene under
Wyoming law.

180. After that, Board Member Bear asked Ms. Lesley for an update on removing the books. After hearing
from Ms. Lesley that no new challenges had taken place since the revised collections policy was approved,
Ms. Sage warned her, “There are a few titles that we’re all very aware of and . . . I guess if you want them
challenged we can certainly send the word out and I can start challenging them . . . How do you plan on
handling this?”21

20
According to their own website, “Liberty Counsel is a Christian ministry that proclaims, advocates, supports,
advances, and defends the good news that God in the person of Jesus Christ paid the penalty for our sins and offers
forgiveness and eternal life to all who accept him as Lord and Savior. Every ministry and project of Liberty Counsel
centers around and is based upon this good news, which is also referred to as the gospel. Our mission statement is:
‘Restoring the culture by advancing religious freedom, the sanctity of human life and the family.’ . . . Our
comprehensive worldview provides the foundation for every affiliated ministry, program, and project.”
[Link]
21
Notably, in another similar pattern across the county, the same individuals protesting LGBTQ+ themed books and
authors, seeking to marginalize and suppress those voices, also took issue and challenged books including racial
content or written by authors of color. For example, during public comments at the June 26, 2023, Library Board

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 181. At the July 24, 2023, Board meeting, the Board selected the FY 2023/24 officers: Board Member
Butler (Chair), Board Member Collier (Vice Chair), and Board Member Anderson (Treasurer).

182. Also, Board Member Bear asked Ms. Lesley again to move “certain books that are pretty obvious,”
“the egregious stuff,” “that’s easily meant more for an adult audience,” “sexually explicit” using the weeding
process.

183. When Ms. Lesley opposed doing so and reminded Board Member Bear that library staff would be
discriminatory and a violation of the First Amendment if they did so, Bear responded, “Well, if that’s the
way you feel then I feel like you should find another job.”

184. Library Board Member Collier added that she wanted to set the librarians on a path to purge the
collection in the library, confirming, “That is what I want them to do.”

185. Board Member Bear insisted that librarians “need to be willing to look at that harmful to children
policy and make a decision,” “can weed stuff that’s easily meant more for an adult audience,” and “should be
able to figure out what is sexually explicit and keep it away from minors.” And although the book had never
been challenged before, Bear referred to the book Tricks by Ellen Hopkins as a title that needed removal.

186. Ms. Lesley responded that Tricks was a book specially designed for teens, and that removing access
to it and limiting it to the adult collection because of its themes, librarians would be violating the First
Amendment. Ms. Lesley reiterated that the library system needed a structure, and needed to follow that
structure consistently in determining challenges to books or the system could face legal liability.

187. Following the Public Comment Session, Library Board Member Collier insisted that “I want to make
a motion that at the next meeting that there is some sort of report on the books and movement of books . . . I
want to see that our policy did something.”

188. Four days later, the Library Board terminated Ms. Lesley, citing her opposition to removing the
books and revising the Collection Development Policy.

189. On July 27, 2023, Ms. Lesley was scheduled to meet with Board Chair Butler to discuss weeding
library books.

190. Instead, Library Board Member Bear joined the meeting. She and Board Chair Butler asked Ms.
Lesley to resign because she refused unspecified books. They did not identify a particular one.

191. Ms. Lesley refused to resign and asked for a public hearing.

192. The following day, on July 28, 2023, the Library Board held a public hearing. A vast majority of
community members advocated in support of Ms. Lesley keeping her position as Executive Director. Among
the few individuals opposing her, the usual pattern emerged. Opponents complained that “People need to
move the books that are inappropriate for kids,” that books should not be exposed to materials that “sexually
excite them or lead them down a path to sexual addiction,” and that the books being challenged were
“dangerous to children.”

193. The Library Board closed public comments because after community member in support of Ms.
Lesley called the public meeting a “shit show.”

meeting, one censorship advocate complained about Not My Idea: A Book about Whiteness by Anastasia
Higginbotham, calling it a “very clearly a racist book, undeniably racist against white people . . . I don’t think it’s a
good idea to have a book that makes people feel bad about being white or makes people look down at other people
for being white, which I think this book does.”
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194. The Board then went into Executive Session.

195. Upon its return, the Library Board announced the decision to terminate Ms. Lesley in a 4:1 vote.

196. After her termination, in a subsequent public meeting, the Library Board discussed the job description
for the vacant Executive Director position, including eliminating “ALA ideology” and “indoctrination.”
Emotional Distress Suffered by Terri Lesley as a Result of Respondents’ Unlawful Conduct
197. Respondents have caused Ms. Lesley significant emotional distress and suffering.

198. Respondents have spread inaccurate, misleading, and malicious information about Ms. Lesley.

199. Respondents, at public meetings and in the press, have intentionally sought to damage Ms. Lesley’s
reputation, credibility, and sought to impugn her integrity.

200. Respondents deprived Ms. Lesley of the full financial benefit of employment with CCPLS and of the
honor of retiring with distinction from the Library that she had loyally served for more than twenty-seven
years.

201. Respondents to this day are knowingly and intentionally seeking to discredit Ms. Lesley in the eyes
of the public to avoid liability for violating the law and to conceal their discriminatory and retaliatory
motives for terminating Ms. Lesley.

202. Respondents callous and intentional conduct has caused pain, suffering, anxiety, and depression to
Ms. Lesley, and has greatly impacted her personal and familial life.

203. Furthermore, Respondents have expressed no contrition or sorrow for ruining Ms. Lesley’s career,
dragging her reputation through the mud, or sacrificing her wellbeing to the alter of their biased agendas.

DISCRIMINATION CLAIMS

204. Under Title VII of the Civil Rights Act of 1964 (“Title VII”), “[i]t shall be an unlawful employment
practice for an employer. . .to fail or refuse to hire or to discharge any individual, or otherwise to
discriminate against any individual with respect to his compensation, terms, conditions, or privileges of
employment, because of such individual's race, color, religion, sex, or national origin[.]” 42 U.S.C.A. §
2000e-2.

205. Respondents espoused anti-LGBTQ+ views prioritizing heterosexual hegemony and exhibiting
hostile animus towards LGBTQ+ experiences and the history and discrimination they still face.

206. Respondents expressed animosity towards LGBTQ+ people, prioritizing heteronormativity and
exhibiting hostile animus toward Ms. Lesley and her staff for including LGBTQ+ stories in CCPL’s children
and teen collections.

207. Although as a general matter library boards are empowered to change policies and practices, such
changes should not be grounded in discriminatory animus or cater to the discriminatory preferences and
prejudices of others. See Diaz v. Pan Am. World Airways, Inc., 442 F.2d 385, 389 (5th Cir. 1971) (“…it
would be totally anomalous if we were to allow the preferences and prejudices of the customers to determine
whether the sex discrimination was valid. Indeed, it was, to a large extent, these very prejudices [Title VII]
was meant to overcome”).

208. Likewise, although a library board ultimately has control over any given policies or practices, the law
prohibits authorities from making employment decisions that discriminate or retaliate against an employee
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who has engaged in protected activities under federal and state civil rights laws, even if board members
disagree with those activities.

209. Ms. Lesley has suffered from unlawful discrimination and retaliation based on the following grounds:

Associational Discrimination

210. The law “protects individuals who, though not members of a protected class, are “victims of
discriminatory animus toward [protected] third persons with whom the individuals associate.” Barrett v.
Whirlpool Corp., 556 F.3d 502, 512 (6th Cir. 2009).

211. An employee may sustain a claim of unlawful associational discrimination if she can show that: (1)
she was discriminated against at work (2) because she associated with members of a protected class. Barrett,
556 F.3d at 513. “The degree of the association is irrelevant.” Id. Courts have construed Title VII and similar
laws “broadly in this context to accord with Congress’s stated purpose of ending [] discrimination in the
workplace.” Id. at 512.

212. Here, Ms. Lesley has been subjected to unlawful discrimination for her association with LGBTQ+
people.

213. Respondents associated Ms. Lesley with LGBTQ+ people after she demonstrated support and
defended Pride / Rainbow Book Month in June 2021 and explained the Collection Development Policy in
response to anti-LGBTQ+ public comments at a Commissioners’ meeting in July 2021. This association is
evidenced by the statements made by Respondents, including their aversion to the identified books and their
descriptions of frustration with Ms. Lesley for not moving the books.
Retaliation for Engaging in Protected Activities
214. Furthermore, an employer may not retaliate against an individual “because he has opposed any
practice made an unlawful employment practice. . . or because he has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing under [antidiscrimination laws].” 42
U.S.C. § 2000e-3.

215. Protected opposition includes a good faith refusal to participate in or objection to discriminatory
practices.

216. Anti-retaliation provisions in civil rights laws seek to prevent employer interference with “unfettered
access” to remedial mechanisms. These provisions do so by prohibiting employer actions that are likely “to
deter victims of discrimination from complaining to the EEOC,” the courts, and their employers. Burlington
N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 68(2006) (internal citations and quotations omitted).

217. Hence, an employee may make a colorable claim of retaliation “based on a mistaken good faith belief
that Title VII has been violated” and “may maintain an action for retaliation based on participation in a
protected proceeding regardless of whether the conduct forming the basis of her underlying complaint is
adjudged to violate Title VII.” Crumpacker v. Kansas Dep’t of Hum. Res., 338 F.3d 1163, 1171 (10th Cir.
2003).

218. To prove discrimination or retaliation, an employee may rely on either direct or circumstantial
evidence. Maughan v. Alaska Airlines, Inc., 281 Fed. App’x 803, 806 (10th Cir. 2008). “Direct evidence is
evidence, which if believed, proves the existence of a fact in issue without inference or presumption.” Riggs
v. AirTran Airways, Inc., 497 F. 3d 1108, 1117 (10th Cir. 2007). Stated differently, “direct evidence
demonstrates on its face that the employment decision was reached for discriminatory reasons.” Id.

219. There is direct evidence of retaliation in this case. Ms. Lesley engaged in protected opposition
through her refusal to move or remove books in violation of Library policy and the First Amendment.
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Respondents and their supporters directly and publicly voiced frustration that Ms. Lesley did not do enough
to follow the revised Collection Development Policy or follow their discriminatory ideologies.

220. In the absence of direct evidence, an employee must show: (1) “that he engaged in protected
opposition to discrimination,” (2) “that a reasonable employee would have found the challenged action
materially adverse,” and (3) “that a causal connection exists between the protected activity and the materially
adverse action.” Hansen v. SkyWest Airlines, 844 F.3d 914, 925 (10th Cir. 2016). Once the employee
succeeds in articulating a prima facie retaliation case, the burden shifts to the employer to propound a
legitimate, non-retaliatory rationale for the adverse employment action. If the employer does so, the
employee is afforded the opportunity of demonstrating that the employer’s proffered rationale is pretextual.
Id.

221. An employee can show pretext by revealing “such weaknesses, implausibilities, inconsistencies,
incoherencies, or contradictions in the employer’s proffered legitimate reasons for its action that a reasonable
factfinder could rationally find them unworthy of credence . . . .” Plotke v. White, 405 F.3d 1092, 1102 (10th
Cir. 2005). An employee can “typically make[] a showing of pretext in one of three ways: (1) with evidence
that the [employer’s] stated reason for the adverse employment action was false . . . ; (2) with evidence that
the [employer] acted contrary to a written company policy prescribing the action to be taken by the
[employer] under the circumstances . . . ; or (3) with evidence that the [employer] acted contrary to an
unwritten policy or contrary to company practice when making the adverse employment decision affecting
the [employee].” Id.

222. In this case, in addition to direct evidence of retaliation, there is also ample evidence of pretext. In
terminating Ms. Lesley, Respondents acted in secret to hide their planning, discussions, and decision from
the public, diverging not only from written policy, but quite literally, the laws governing the business of
elected officials, hence implying mendacity, subterfuge, and an intent to engage in wrongful conduct. “The
factfinder's disbelief of the reasons put forward by the defendant (particularly if disbelief is accompanied by
a suspicion of mendacity) may, together with the elements of the prima facie case, suffice to show intentional
discrimination.” Id. 1102.
Anticipatory Retaliation

223. An employee may also bring a retaliation claim when an employer engages in pre-emptive or
anticipatory retaliation. Specifically, because “[a]ction taken against an individual in anticipation of that
person engaging in protected opposition to discrimination is no less retaliatory than action taken after the
fact,” the Tenth Circuit has held that “this form of pre-emptive retaliation falls within the scope of 42 U.S.C.
2000e-3(a).” Sauers v. Salt Lake County, 1 F.3d 1122, 1128 (10th Cir. 1993); see also E.E.O.C. v. Bank of
Okla., No. 03-CV-0657-CVE-PJC, 2005 WL 7870754, at *5 (N.D. Okla. Jan. 18, 2005) (same).

224. In such cases, “[a]lthough a protected activity is generally required to state a valid [ ] retaliation
claim, courts have found that in certain instances, an [employee] need not undertake protected activity to
successfully establish a retaliation claim.” E.E.O.C. v. Cognis Corp., No. 10-CV-2182, 2012 WL 1893725, at
*2 (C.D. Ill. May 23, 2012) (citing Sauers); Hindman v. Thompson, 557 F. Supp. 2d 1293, 1305-06 (N.D.
Okla. March 4, 2008) (declining to grant employer summary judgment in Title VII retaliation case even
though employee did not show she had engaged in protected activity before her termination).

Title VII’s [and other civil rights laws’] anti-retaliation clause covers anticipatory retaliation. Even
though the language of the statute is written in the past tense and appears to assume that protected
activity occurred at some point in the past and prior to any retaliation (i.e., “participated,” “assisted”),
it covers preemptive employer actions. An employer may not discriminate against an employee who
it fears will later . . . [participate in protected conduct].

E.E.O.C. v. Bojangles Rests., Inc., 284 F. Supp. 2d 320, 328 (M.D.N.C. 2003).

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225. Comments made by Respondents indicate that they anticipated that Ms. Lesley would engage in
protected activities in the future and be an obstacle to implementing their LGBTQ+ prejudices, including
frequent comments that they did not feel as through Ms. Lesley was following the revised Collection
Development Policy and that they did not believe she would in the future.

226. Whatever the powers of the Campbell County Public Library System Board of Trustees and
Campbell County Board of Commissioners are, those powers do not include subjecting their employees to
adverse actions based on discriminatory preferences or prejudices, or in retaliation for engaging in protected
activity.

Discrimination and Retaliation Based on Advocacy

227. “Individuals are also protected from discrimination because of their advocacy on behalf of protected
class members.” Barrett, 556 F.3d at 513 (describing nature of advocacy claims under Title VII).
228. “As with the question of association, the key questions are whether [employees] were discriminated
against, and whether the reason for the discrimination was their advocacy for protected employees.” Id. at
514. In such instances, where an employee advocates for a protected class or classes of other employees,
discrimination is found to be against her because the protected characteristics of the classes she has
advocated on behalf of. Johnson v. Univ. of Cincinnati, 215 F.3d 561, 575 (6th Cir. 2000) (holding that high-
level white admissions officer at university had standing to bring a discrimination claim based on his
advocacy for affirmative action or women and racial minorities). In such instances, the protected status of the
individuals for whom she has advocated on behalf of are “imputed” to her. Id.; see also Reinhardt v.
Albuquerque Pub. Sch. Bd. of Educ., 595 F.3d 1126, 1132 (10th Cir. 2010) (speech-language pathologist’s
advocacy on behalf of her disabled students sufficient to support a retaliation claim under Section 504 of the
Rehabilitation Act).
229. Here, once again there is direct evidence that Respondents engaged in discrimination and retaliation
based on Ms. Lesley’s advocacy for LGBTQ+ individuals. She advocated for all community members to
have equal access to information. Specifically, this entailed making sure children and teens enjoyed equal
access to information.
230. For all the reasons described above and others, there is ample evidence of pretext to support that
Respondents discriminated and retaliated against Ms. Lesley because of her advocacy on behalf of
marginalized LGBTQ+ library patrons.

WHEREFORE, Terri Lesley prays that the EEOC award appropriate back pay, compensatory, and punitive
damages and cause Respondents to cease and desist from engaging in the discriminatory and retaliatory
practices described above and perpetuated against Ms. Lesley and a class of other librarians, and to cease and
desist from engaging in a pattern or practice of discriminatory vilification and serial discrimination against
protected classes including but not limited to in contract, equal access to services, employment decisions, and
censorship of voices and materials, and a pattern or practice of harassment, discrimination and retaliation
against Ms. Lesley and other librarians predicated on association with and/or advocacy for those protected
groups. Ms. Lesley further prays that the EEOC order Respondents to cease and desist from engaging in any
other discriminatory or retaliatory practices like or related to those claims described above.

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I want this charge filed with both the EEOC and the State or local Agency, if any. I will NOTARY – When necessary for State and Local Agency Requirements
advise the agencies if I change my address or phone number and I will cooperate fully
with them in the processing of my charge in accordance with their procedures.
I swear or affirm that I have read the above charge and that it is true to the
I declare under penalty of perjury that the above is true and correct. best of my knowledge, information and belief.
SIGNATURE OF COMPLAINANT

09 / 27 / 2023 SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE

(month, day, year)

Date Charging Party Signature

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CP Enclosure with EEOC Form 5 (11/09)

PRIVACY ACT STATEMENT: Under the Privacy Act of 1974, Pub. Law 93-579, authority to request personal
data and its uses are:

1. FORM NUMBER/TITLE/DATE. EEOC Form 5, Charge of Discrimination (11/09).

2. AUTHORITY. 42 U.S.C. 2000e-5(b), 29 U.S.C. 211, 29 U.S.C. 626, 42 U.S.C. 12117, 42 U.S.C. 2000ff-6.

3. PRINCIPAL PURPOSES. The purposes of a charge, taken on this form or otherwise reduced to writing
(whether later recorded on this form or not) are, as applicable under the EEOC anti-discrimination statutes
(EEOC statutes), to preserve private suit rights under the EEOC statutes, to invoke the EEOC's jurisdiction and,
where dual-filing or referral arrangements exist, to begin state or local proceedings.

4. ROUTINE USES. This form is used to provide facts that may establish the existence of matters covered by
the EEOC statutes (and as applicable, other federal, state or local laws). Information given will be used by staff
to guide its mediation and investigation efforts and, as applicable, to determine, conciliate and litigate claims of
unlawful discrimination. This form may be presented to or disclosed to other federal, state or local agencies as
appropriate or necessary in carrying out EEOC's functions. A copy of this charge will ordinarily be sent to the
respondent organization against which the charge is made.

5. WHETHER DISCLOSURE IS MANDATORY; EFFECT OF NOT GIVING INFORMATION. Charges must be

reduced to writing and should identify the charging and responding parties and the actions or policies complained
of. Without a written charge, EEOC will ordinarily not act on the complaint. Charges under Title VII, the ADA
or GINA must be sworn to or affirmed (either by using this form or by presenting a notarized statement or
unsworn declaration under penalty of perjury); charges under the ADEA should ordinarily be signed. Charges
may be clarified or amplified later by amendment. It is not mandatory that this form be used to make a charge.

NOTICE OF RIGHT TO REQUEST SUBSTANTIAL WEIGHT REVIEW

Charges filed at a state or local Fair Employment Practices Agency (FEPA) that dual-files charges with EEOC
will ordinarily be handled first by the FEPA. Some charges filed at EEOC may also be first handled by a FEPA
under worksharing agreements. You will be told which agency will handle your charge. When the FEPA is the
first to handle the charge, it will notify you of its final resolution of the matter. Then, if you wish EEOC to give
Substantial Weight Review to the FEPA's final findings, you must ask us in writing to do so within 15 days of
your receipt of its findings. Otherwise, we will ordinarily adopt the FEPA's finding and close our file on the
charge.

NOTICE OF NON-RETALIATION REQUIREMENTS

Please notify EEOC or the state or local agency where you filed your charge if retaliation is taken against you
or others who oppose discrimination or cooperate in any investigation or lawsuit concerning this charge. Under
Section 704(a) of Title VII, Section 4(d) of the ADEA, Section 503(a) of the ADA and Section 207(f) of GINA,
it is unlawful for an employer to discriminate against present or former employees or job applicants, for an
employment agency to discriminate against anyone, or for a union to discriminate against its members or
membership applicants, because they have opposed any practice made unlawful by the statutes, or because they
have made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing
under the laws. The Equal Pay Act has similar provisions and Section 503(b) of the ADA prohibits coercion,
intimidation, threats or interference with anyone for exercising or enjoying, or aiding or encouraging others in
their exercise or enjoyment of, rights under the Act.

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 EEOC Charge for Signatures
2023.09.27 EEOC C...LESLEY) [Link]
d1f25f772295c34490ddfd8af2d060ebffcfa99e
MM / DD / YYYY
Signed

09 / 27 / 2023 Sent for signature to Terri Lesley

[Link] UTC (terri.lesley62@[Link]) from hr@[Link]
IP: [Link]

09 / 27 / 2023 Viewed by Terri Lesley (terri.lesley62@[Link])

[Link] UTC IP: [Link]

09 / 27 / 2023 Signed by Terri Lesley (terri.lesley62@[Link])

[Link] UTC IP: [Link]

09 / 27 / 2023 The document has been completed.

[Link] UTC