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Llano County has filed a no tice of appeal to federal Judge Robert Pitmans order last week that books removed from county library shelves be replaced, a lawyer for plaintiffs in the lawsuit said Monday.

Katherine Chiarello of Witliff/ Cutter PLLC in Austin said the books have been returned to the shelves. Pitman issued the temporary order Thursday, calling for librarians to replace books that county commissioners ordered removed.

The removal came last year after some library patrons charged some childrens books were inappropriate. Titles included I Need a New Butt! written by Dawn McMillan (illustrated by Ross Kinnaird) and Freddy the Farting Snowman, written and illustrated by Jane Bexley.

Other patrons sued in federal court, claiming that the removal violated first and fourth amendment rights of free speech and freedom from unlawful seizure.

The appeal will go to the U.S. Fifth Circuit Court of Appeals, based in New Orleans. However, the appeal could be heard after the actual trial date.

She said the temporary injunction was based on Pitmans belief that plaintiffs had shown a reasonable expectation of winning the case.

The evidence that we put in front of the judge was a two-day evidentiary hearing, she said. Based on the evidence we presented, he thought we had shown a likelihood of success. But we still need to win at trial.

If the plaintiffs succeed at the trial, Pitman will presumably issue a permanent injunction ordering the county to keep the books on the shelves.

Neither Jonathan Mitchell of Austin, attorney of record for the defendants, nor County Attorney Dwain Rogers immediately returned phone calls seeking comment.

Plaintiffs in the suit include Leila Green Little, Jeanne Puryear, Kathy Kennedy, Rebecca Jones, Richard Day, Cynthia Waring and Diane Moster.

Defendants in the suit are Llano County Judge Ron Cunningham, Llano County commissioners Peter Jones, Linda Raschke, Mike Sandoval and Jerry Don Moss, Llano County Library System Director Amber Milum and Advisory Board members Bonnie Wallace, Rochelle Wells, Rhonda Schneider and Gay Gaskin, president of the board.

Originally filed in federal court in San Antonio, the case was moved to Pitmans Austin court because he has jurisdiction over Llano County.

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Llano Co. to appeal order to return books - The Highlander