Legal – Cases – Kathleen R v. City of Livermore

Case Name: 
Kathleen R. v. City of Livermore, Case No. V-015266-4, filed May 28, 1998, Superior Court of California, County of Alameda.  Appealed to the Court of Appeal of the State of California, First Appellate District, Division 4, Appeal No. A086349.

Kathleen R, an anonymous parent of a child who uses the Internet at the Livermore Public Library sought to compel the library to use filtering software.  The plaintiff claimed that unfiltered access in the library created a “public nuisance” and created a “premise liability.”  Defendant plead that Section 230 of the Telecommunications Act of 1996 bars the action.

The trial court ruled that section 230 of the Telecommunications Act of 1996, “Protection for private blocking and screen of offensive material,” applied to the library’s provision of public Internet access and dismissed the suit in January, 1999.  The dismissal was upheld by the California Court of Appeal, March 2001.


Chronology & Legal Documents:
05/28/98    Plaintiffs file Complaint
07/10/98    City files Motion to Dismiss.
07/10/98    ACLU files Amicus brief in support of the city
10/13/98    Plaintiffs files Opposition to Motion to Dismiss
10/20/98    Defendants file Reply to Opposition to Motion to Dismiss
11/03/98    Plaintiffs file Amended Complaint.
01/04/99    Defendants file Brief in support of Motion to Dismiss
01/06/99    Plaintiffs file Opposition to Motion to Dismiss.
01/11/99    Defendants file Reply to Motion to Dismiss
01/14/99    Court sustains defendant’s Motion to Dismiss
07/16/99    Plaintiffs file Appeal Brief
10/18/99    Defendants file Response
10/18/99    ACLU files Amicus Brief
01/10/00    Plaintiffs file Reply Brief filed by Kathleen R.
03/06/01    Court of Appeal affirms trial court ruling.

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