By Melissa Hunter
Assistant Editor
The potential sale of rare books and manuscripts that comprise Hebrew Union College’s (HUC-JIR) historic Klau Library has stirred significant controversy, culminating in a lawsuit that has brought the transaction to a standstill. On Tuesday, June 4, Ohio Attorney General Dave Yost filed a complaint in the Court of Common Pleas of Hamilton County, asking a Hamilton County judge for a temporary restraining order to prevent any potential sale of the historical and culturally significant manuscripts and rare books. According to Attorney Michael Ganson, legal columnist for The American Israelite who read and analyzed the complaint, the Ohio Attorney General’s lawsuit is actually against the current Officers and Board members of HUC-JIR without naming them as defendants individually. Furthermore, only the State of Ohio is suing HUC-JIR. There are no individuals named as plaintiffs (legalese for those who file lawsuits) other than the State of Ohio.
The State of Ohio is alleging that it has reasonable grounds to come to the conclusion that the current Officers and Board members are actively engaged in, or intend to use, significant gifts to the Klau Library (and potentially other valuable Cincinnati treasures that have been donated to both HUC-JIR’s Klau Library and possibly the Skirball Museum) to fund the current significant financial deficit it is facing.The sale of donated items, intended to be preserved for public benefit, would violate terms of the original endowment. Klau Library is renowned for its comprehensive collection, widely regarded as one of the most significant in the world. The collection has been a vital resource for academic researchers and the Cincinnati community alike. According to the attorney general’s website, “The Klau Library collection includes 14,000 items in the Rare Book Room, some potentially worth millions of dollars. The texts were entrusted to the library with the understanding that they would be preserved and maintained for use by scholars and researchers worldwide. The academic community relies on access to these texts — an integral part of the library’s public service and educational roles.
If sold to private collectors, the books would no longer be publicly available. Any sale could be a breach of the Hebrew Union board’s fiduciary duties to the library’s public beneficiaries. And, for books that can be sold, sale proceeds must be used to acquire other collection items.” In a statement, Yost said, “These sacred texts are invaluable artifacts – religious and cultural treasures. Their sale would not only betray donor trust, but also may violate legal restrictions placed on the gifts.”
He also noted that his legal standing to take action is based on Ohio laws designed to protect “the integrity of institutional mission,” which could include a school’s obligation to honor the intent of those who donated books, monies, and other gifts over the years.
Under Ohio law, the State of Ohio takes on the role of parens patriae (a Latin term that means the government is the ultimate parent) that enables a State to be the legal protector of charitable trusts (HUC-JIR, the Klau Library and the Skirball Museum) and their intended public beneficiaries unable to protect themselves; in this case, the citizens of Cincinnati.
Founded in 1875 by Rabbi Isaac Mayer Wise, the founder of the American Jewish Reform Movement and The American Israelite, HUC-JIR in Cincinnati is the nation’s oldest Jewish seminary and has trained rabbis for all American congregations for almost 150 years. According to the American Jewish Libraries website, “The Klau Library functions both as a campus library and as the main research library within the HUC-JIR Library system. Guided by the Mission Statement of the HUC-JIR Library system, the Cincinnati Library acquires, preserves and provides access to materials in printed, manuscript and other formats, supporting the teaching functions of the Rabbinic and Graduate programs and meeting the research needs of its various users: the faculty, students and staff of HUC-JIR Cincinnati; the residents of the Cincinnati metropolitan area; and the broader Judaic academic and general community both in the United States and abroad.
As the main research library in the system, the Cincinnati Library provides both its depth of resources and various library services to the other HUC-JIR libraries.”
In 2022, it was announced that the school was ending its 149-year-old residential rabbinical program as part of a consolidation plan. This announcement raised concerns among staff, alumni and others in Cincinnati about HUC-JIR’s future. At the time, the college faced a record $8.8 million deficit. The use of sale proceeds to reduce the college’s deficit could constitute an illegal use of assets donated expressly to fund the collection, Yost’s office said.
Yost’s decision to go to court comes two years after he said his office would investigate whether closing the Cincinnati campus violated the law because it failed to honor the intent of the benefactors who built and supported the school. The ultimate goal of the lawsuit is simply to prevent any of the assets that have been donated to either the Klau Library or the Skirball Museum (and perhaps to HUC-JIR in Cincinnati) from being sold for the purpose of financing the current operating deficit of HUC-JIR. Based upon the allegations in the lawsuit, it appears the State of Ohio has no problem with the sale of any of the assets that have been donated, if the sale’s proceeds are used for the sole purpose of benefiting the entity that holds the asset in Cincinnati and the sale proceeds stay in Cincinnati for the benefit of the citizens of Cincinnati. The lawsuit seeks an injunction permanently to prevent the current Officers and Board members of HUC-JIR from using any proceeds from the sale of any of the valuable Cincinnati treasures that have been donated to both HUC-JIR’s Klau Library and potentially the Skirball Museum for any other purpose other than to solely benefit the organization that the valuable Cincinnati treasures that have been donated to both HUC-JIR’s Klau Library and potentially the Skirball Museum are currently in their respective possession and control.
An email to students, staff, and faculty at HUC-JIR by President Andrew Rehfeld attempted to alleviate concerns over these legal actions. In regards to the temporary restraining order, Rehfeld wrote that, “our counsel came to an agreement with the Attorney General’s Office on this matter because we have no plans to sell our rare books.” However, after various news outlets reported on the attorney general’s filing, Hamilton County Judge Megan Shanahan granted the temporary restraining order. The order prevents HUC-JIR from selling or transferring, in any way, any of the items in the Klau Library collections. It also orders HUC-JIR to preserve all of the collection’s records and documents regarding the management of the library, and to turn over many of those records, including planned budgets, to the attorney general within seven days. On July 12, the order expires, at which time a hearing is scheduled over the attorney general’s legal action.
“A library without its most precious artifacts and texts is like a body without a soul,” Yost said. “We are committed to ensuring that these irreplaceable items remain available to the public and are cared for as their donors intended.”
As the legal battle continues, the future of the Klau Library and its collection hangs in the balance.
