| IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. 99-021849 CA 12 |
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| THE STATE OF FLORIDA, ex. rel. JODI HOFFMAN, pro se, Plaintiff, v BROWARD COUNTY LIBRARY, Defendant. ___________________________________________/ | ) ) ) ) ) ) ) ) ) ) ) |
| 1. | This is an action for injunctive relief pursuant to Florida Statute 60.05 to abate and enjoin a nuisance as defined in Florida Statute 823.05. |
| 2. | Plaintiff is a resident of Broward County, Florida and sui juris. |
| 3. | Defendant operates a system of approximately thirty-five (35) public libraries in Broward County, Florida. |
| 4. | On or about September 16, 1999 and on at least twenty (20) separate previous occasions (see attached Exhibit 1) and on information and belief, on dozens if not hundreds of other occasions, male patrons, both grown men and underaged boys, used the public library for immoral and illegal purposes, viz: |
| a) | to access illegal obscenity on the library's internet-wired computers and display same in view of other persons, including minor children; and | |
| b) | to display illegal obscenity, pornography or indecent materials in view of other persons, including minor children; and; | |
| c) | to masturbate themselves in view of other persons, including minor children. |
| 5. | The abovementioned actions violated Florida Statutes 800.03, 847.0133 and 856.02. | |
| 6. | Defendant permitted, allowed, condoned and even encouraged male patrons to commit these violations of Florida Law by unreasonably: |
| a) | failing to filter internet-wired computers; | |
| b) | placing internet-wired computers in remote, unsupervised areas of the library where children are foreseeably present and men and boys can and in fact do access and view pornography on these computers; | |
| c) | placing internet-wired computers in remote, unsupervised areas of the library where children are foreseeably present and men and boys can and in fact do masturbate while viewing pornography on these computers; | |
| d) | charging male patrons who commit a felony act with the misdemeanor of trespass and/or not vigorously pursuing perpetrators who are viewing pornography and/or obscenity such as child pornography and/or masturbating themselves in full view of others, including minor children and, many times, not even calling the police to report these criminal activities; | |
| e) | failing to have an effective internet policy; | |
| f) | failing to warn parents that their children are in danger of being exposed to perverted men and boys who come to the library to look at pornography and/or masturbate while viewing pornography on the library's internet-wired computers; | |
| g) | failing to disclose all prior incidents of men and boys masturbating themselves and/or viewing pornography to the public, such as Plaintiff, as required by law; | |
| h) | failing to prevent the public dissemination of illegal pornography, obscenity, child pornography and images of persons engaging in sex with animals; | |
| i) | allowing minor children to have unrestricted access to and/or view pornography. | |
| j) | allowing minor children to have access to and/or view pornography. |
| 7. | The foregoing actions constitute a violation of Florida Statutes 823.01, 823.05 and 823.13. The actions of Defendant have transformed our county's public libraries into a place where the perverted and the lewd and lascivious have access to pornography which is thousands of times more varied and hard-core than any pornography found in a pornographic bookstore in this county. Defendant's conduct as aforementioned tends to corrupt and injure public morals, annoy the community and/or injure the health of the citizens in general. | |
| 8. | As per Florida Statute 823.13, the Legislature has clearly evidenced an intent to prevent the displaying of obscene materials to minors. | |
| 9. | Since the installation of the internet on Defendant's computers, the Defendant's libraries have been and are now the resort of lewd, immoral and dissolute men and boys who come to the libraries for illegal and immoral purposes. In addition, innocent children and women have been and are being exposed to illegal obscenity, pornography and indecent materials, as well as the disturbing and disgusting sight of men and/or boys who are masturbating themselves while looking at pornography on Defendant's computers. | |
| 10. | Such usage of the property and buildings of the public library system is a nuisance to the community and unless enjoined, will continue to result in serious harm. | |
| 11. | Plaintiff has no adequate remedy at law for the injury or damage caused by the actions and conduct enumerated above. For example, Plaintiff's minor children and others must either be exposed to the foreseeable risk of serious harm or be deprived and denied the use of the public libraries. |
| 1. | Defendant be enjoined and restrained from permitting the maintenance of library premises as a nuisance, which is injurious to the public and/or tends to corrupt or annoy the public; |
| 2. | Plaintiff be awarded costs; |
| 3. | Defendant be ordered to: |
| a) | move all internet-wired computers to one location; and | |
| b) | maintain strict supervision of internet-wired computers; and | |
| c) | disclose all prior incidents of persons accessing obscenity and/or and/or exposing their genitals to minors or other adult patrons; and | |
| d) | warn all parents of minor children of the dangers of the library by truthfully disclosing all possible risks to the minor child(ren); and | |
| e) | immediately report and press charges against all men or boys who masturbate in the library with the appropriate misdemeanor or felony charge, not simply ìtrespassingî as has been done in the past; and | |
| f) | press felony charges against all men and/or boys who expose their genitals in the library in violation of Florida Statute 800.03, which deals with exposure of sexual organs, rather than merely asking them to stop masturbating and/or to leave the area; and | |
| g) | press charges against all men and/or boys who display pornography in view of children; and | |
| h) | immediately install filters to block out all pornography, such as the ones currently available which allow text only, until an effective blocking system has been developed; and | |
| i) | enact an effective internet policy; or | |
| i) | remove all internet services from all public library's computers. |
| 4. | Such other relief as this Honorable Court deems just. |
| Respectfully Submitted, Jodi Hoffman The Office Park 1031 Ives Dairy Road Building 4, Suite 228 North Miami Beach, Florida 33179 Telephone: (305) 651-0089 Telefax: (305) 651-1948 By: _____________________________ JODI HOFFMAN, pro se |
