A Missouri library capitulated to the religious extremism of a former employee who believes the Harry Potter books encourage worship of the occult, agreeing to pay her $45,000 to settle her discrimination case, On Point has learned.

With the ACLU representing her, Deborah Smith alleged she lost her job as a librarian assistant in Poplar Bluff, Mo., because she refused to attend a “Harry Potter Night” promoting the publication of “Harry Potter and the Deathly Hallows” in July 2007. Librarians were asked to dress up as wizards for the celebration.

On Point previously reported that the parties reached a settlement at a mediation Feb. 17 before a court ever addressed the merits of Smith's Taliban-esque allegations. The terms of the settlement agreement –- obtained through a public records request –- show Smith accepted $45,000 in damages.

The median expected salary for a librarian assistant in the U.S. is $35,769, according to a CNN survey. Smith's settlement amounts to almost 22 percent of the $208,068 in total salaries which the Poplar Bluff public library paid in 2007.

The agreement isn't something even the usually voluble ACLU wants to talk about. A confidentiality clause provides that “if any person inquires about the terms of this settlement and Release, the only response to be given will be 'the lawsuit has been resolved to each Party's satisfaction and has been dismissed.'”

The case was an abject example of the hijacking of civil rights laws on behalf of those whose views, no matter how absurd, gain “legitimacy” simply because they are inspired by their religious faith.

Library director Jacqueline Thomas had offered to let Smith help out behind the scenes at the Harry Potter celebration “in a way that Plaintiff’s church community would not know she had participated.” Smith alleged she was “constructively discharged” from her job after she “vehemently objected to participating in Harry Potter Night in any role.”

“Plaintiff has a bona fide religious belief stemming from her Christian identity and membership in a Southern Baptist church that she sincerely believes prohibits her from being involved in promotion of the worship of the occult, especially to children,” the complaint said.

The settlement agreement makes clear that the $45,000 payment is for damages and not for lost wages. Of that amount, $44,171.55 goes to Smith and the remaining $828.45 to her fearless advocates at the ACLU.

The Poplar Bluff library may of course have decided it wasn't worth the expense of fighting the case, but its capitulation leaves the door open for more legal mischief. Could a library now be sued for disrespecting the religious beliefs of an employee who objected to dressing up as a witch for a celebration of Shakespeare's "Macbeth"?

By Matthew Heller
4/7/09