Benning Library Legal Struggle Continues as Residents Seek to Expand Long Overdue Literacy Services and Demand Accountability for Over $3 Million Wasted
DC Statehood Green Party
http://www.dcstatehoodgreen.org
For immediate release:
Monday, December 10, 2007
Contacts:
Rick Tingling-Clemmons, 202-397-2277
Jane Zara, 202-390-2449
Residents of Benning community began a lawsuit earlier this year in an attempt to save their library from demolition, to expand much needed literacy and library services, to begin a process of substantive public inclusion in designing and implementing facilities, and to demand accountability from Public Library Trustees and other responsible entities for spending over $3 million dollars with no benefit to their community.
Benning Library had been a cornerstone in the community for over 30 years when the city decided to close it in 2004, giving no reasons for its closing, providing no plans for restoring timely services and allowing no meaningful community input in any decisions regarding the library.
After residents filed their lawsuit, the city opened meager, temporary interim services that fall short of the community's growing needs. An order was issued by the court to keep these interim services open for the duration of the lawsuit. The city has challenged the order, seeking the ability to modify it.
Residents wonder why their library's demolition was posted on the DCPL website, adding insult to their injury. "Perhaps it's the city's idea of a legal victory, since we lost the injunction to stop the demolition until true community input occurs. But whose victory is it? We sill continue to fight for other forms of relief, even though our library has been demolished." remarked Rick Tingling-Clemmons, one of the plaintiffs in the lawsuit.
The allegations pending in the lower court include Equal Protection violation and breach of fiduciary duties by Library Trustees and other responsible government entities. Wards 7 and 8 are predominantly African American, and have the highest illiteracy, unemployment, school dropout, and incarceration rates. Attempts by citizen groups to work with DCPL to properly design and implement literacy services using the library were repeatedly met with intransigence, where Library representatives have suggested that people prefer going to libraries in the more affluent parts of the city because they are "nicer."
Other allegations (and claims for declaratory relief) and are now on appeal before the DC Court of Appeals. They include Due Process violations; negligence of Library Trustees and other responsible entities for failure to maintain the upkeep of library services and facilities, including its book collections and other inventory, and for failure to provide adequate and timely literacy services to the community; violation of DC Code §§ 10-801, for failure to describe manner in which economic factors are evaluated, including benefits and costs to affected DC residents that will result from the change in disposition of public property, 1-309.10, for failure to provide notice, attribute Great Weight to the affected ANC and address the concerns of the community in writing and with particularity and of 8-109, for failure to adequately prepare an Environmental Impact Statement.
"We must also continue our fight against outsiders coming into our community to tell us what they plan to do with OUR resources or property" said Mr. Tingling-Clemmons, "as if letting us choose the color of the paint will mitigate our concerns about how our resources (schools and libraries) are NOT being used to address our long-standing concerns regarding literacy, or employment."
Residents still wonder why their libraries were closed, with little or no faith in the city's desire to address the growing literacy and library needs. A scheduling hearing will take place on Friday, December 21, 2007 at 9:30am in DC Superior Court, 500 Indiana Ave NW, Courtroom 210, Washington, DC.
~ END ~