Need a read? Get books from own library, Michigan court says
Detroit Free Press
Freep.com: July 26, 2007 by David Eggert
LANSING - Residents not living in a community have no constitutional right to borrow books from its library, a divided Michigan Supreme Court ruled today.
The court voted 4-3 to dismiss the lawsuit of George Goldstone, who sued after Oakland County's Bloomfield Township Public Library refused to sell him a nonresident library card. Goldstone lives in nearby Bloomfield Hills, which does not have a library.
The township's residency requirement is "a viable means of establishing and maintaining a local public library," Justice Stephen Markman wrote for the majority.
He was joined by Chief Justice Clifford Taylor, Maura Corrigan and Robert Young Jr.
The 1963 state constitution says libraries "shall be available" to all Michigan residents but also gives libraries the authority to create rules.
Writing for the dissent, Justice Michael Cavanagh said the constitution lets any Michigan citizen borrow books from any public library in the state.
"While the doors of Michigan libraries remain physically open, the majority tramples the intent of our people by misinterpreting the law to the severe disadvantage of those who wish to educate themselves," Cavanagh wrote. Justices Marilyn Kelly and Elizabeth Weaver also dissented.
Goldstone was denied a nonresident card in 2004 after talks had broken down over what the township's service contract could charge Bloomfield Hills for letting all of its nearly 4,000 residents check out books.
If you would like to comment:
Hon. Chief Justice Clifford W. Taylor
Michigan Supreme Court
Michigan Hall of Justice
P.O. Box 30052
Lansing, MI
Apparently there is a history of some discord on the bench:
LawInfo
Michigan's high court descends into bickering; 'Almost like they're children'
The Associated Press
LANSING, Mich.
The notion of black-robed judges as symbols of decorum and civility seems almost laughable these days in Michigan.
Justices on the Michigan Supreme Court have fallen into sniping and name-calling and traded accusations of unprofessional conduct. One justice referred to another as a "very angry, sad woman" and suggested she go on a hunger strike for everyone else's benefit.
"It's almost like they're children, isn't it?" said Brian Einhorn, a Southfield lawyer who represents judges in disciplinary cases. He said he has been getting calls from lawyers in other states asking about the bad blood.
"It's embarrassing for all members of the bar," Einhorn said.
Blogathon 2007
