STATE OF INDIANA
IN THE TIPPECANOE CIRCUIT COURT
TIPPECANOE COUNTY
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SS:
1996 TERM
Kevitt and Sarah BROWN,
Robert A. and Linda A. Watson,
and William K. and Susan I. Parkinson,
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Plaintiffs,)
v.)
CAUSE NO: 79C019605MI11 TIPPECANOE COUNTY,
By and Through the TIPPECANOE
COUNTY LIBRARY BOARD.
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Defendant)

COMPLAINT
FOR DECLARATORY JUDGEMENT AND INJUNCTIVE RELIEF


Plaintiffs, for their cause of action against defendant, state:

1.
This is an action for declaratory judgement pursuant to Rule 57 and Ind. Code 34-4-10-1 for the purpose of determining a question of actual controversy between and among the parties.

2.
All plaintiffs are residents and tax payers of Tippecanoe County.

3.
All plaintiffs have minor children who use or have adccess to the Tippecanoe County Library.

4.
Defendant library holds materials in the form of films and videos for public use, which hold motion picture designation of PG, R, or other such ratings.

5.
Prior to March 14, 1994, defendant library announced as its policy that it would not restrict said materials from minors.

6.
On March 14, 1994, Plaintiffs Kevitt and Sara Brown unsuccessfully apealed said policy via the TCPL Board of Trustees, exhausting all internal remedies.

7.
On April 24, 1995, Plaintiffs Kevitt and Sara Brown made a written request to the Director of the Tippecanoe County Public Library, insisting that the said defendant library not give any video materials that carried a motion picture industry rating of "PG, R, NC17, or X," to any of their three minor children, ages 10, 8 and 6.

8.
On May 30, 1995, the said Director, on behalf of the defendant library, refused Plaintiffs Kevitt and Sara Brown's request.

WHEREFORE, Plaintiffs request the Court to enter a declaratory judgement which determines the rights and other legal relations of the parties further

1)
to declare as a matter of Indiana Common Law, that Plaintiffs have the legal right and authority as the natural legal guardians of their children to order defendant not to give materials to their minor children that are generally deemed unsuitable for minors,

2)
to declare as a matter of constitutional law, that plaintiffs' rights are being violated under the 14th and 9th amendments of the United States Constitution,

3)
to enjoin said library from issuing materials deemed harmful to minors as defined by IC 35-49-2-2, 4) and for all other relief proper in the premises.


(signed)
Michael L. Parkinson, #17760-79

Attorney for Plaintiffs

318 Brown Street
Lafayette, Indiana 47901
317-742-7109
Fax: 317-429-6601

VERIFICATION

I affirm, under penalties for perjury, that the foregoing representations are true.

(signed)
Kevitt Brown, Plaintiff

(signed)
Sarah Brown, Plaintiff