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Instead Of Banning Books, Idaho Library Decides To Ban Kids In Response To New Law On ‘Inappropriate Books’

from the no-books-for-you dept

Public libraries are supposed to be places for communities to gather and learn, with an important focus on being a place for kids to gain access to information. But thanks to a moral panic in the GOP about “indoctrination” in libraries, it seems that at least one library has decided to shut its door to children.

A public library in a tiny Idaho mountain community announced on Facebook that it is no longer allowing minors to enter its facilities and check out books, citing a new law adopted by the state legislature. Donnelly Public Library, in the roughly 250-person town of Donnelly, Idaho, will still offer after-school and summer learning programs for local youth.

But it’s now an adults-only establishment—literally.

“Donnelly Public Library was deeply saddened by the passing of [House Bill] 710,” the library posted. “Unfortunately, the ambiguous language in the legislation leaves us no options but to make some very drastic changes. In order to comply with the legislation we will be transitioning our Library to be an adult only library as of July 1.”

House Bill (HB) 710 allows parents or guardians to sue any school or public library for carrying materials that could be viewed as age-inappropriate and obscene. Libraries have to move books and materials or face lawsuits. Donnelly Public Library is a small facility in a literal log cabin.

“Donnelly [Public] Library is only 1024 [square foot],” said the library. “Our size prohibits us from separating our ‘grown up’ books to be out of the accessible range of children.”

Idaho’s Republican-controlled state legislature adopted HB 710, and Gov. Brad Little signed it into law in April. The law’s proponents argue it is meant to give parents more oversight of what their children are reading while doubly serving as a law to protect minors from viewing potentially disturbing images. Entering force on July 1, 2024, HB 710 features a definition of obscene materials for minors that critics believe to be broad and, per the library, “ambiguous.”

“‘Sexual conduct’ means any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, the breast,” reads a portion of the bill. The law provides for broad assumptions regarding material that is potentially “obscene” or “harmful to minors” for simply dealing with the subject matter of sexuality or the human body’s biological reproductive functions. Parents or guardians can arbitrarily apply these definitions against libraries accused of “promoting” material that is supposedly harmful to minors. In the law, “promoting” refers to virtually any act of selling, loaning out, and distributing books, DVDs, CDs, or other media types. The law also prohibits live performances that meet the definition of being harmful to minors. It is pretty encompassing.

What’s even more nuts is that HB 710 is a bounty law. A “bounty law” allows private parties to bring civil complaints against entities for alleged violations of the law. If a judge determines the law is broken, the private parties are entitled to predetermined sums as compensation. HB 710 creates a civil right of action to sue schools and public libraries for promoting obscene materials to minors. If the parties suing the institutions prevail, they’re given $250 in statutory damages.

They could be entitled to compensation for the actual, alleged damages of having their child exposed to a book viewed as violating HB 710. For small library systems like Donnelly Public Library, litigation prospects could be financially catastrophic and spatially restrictive. The law also allows county prosecutors and the Idaho state attorney general to bring civil action against schools and public libraries. Due to this, it isn’t that surprising that this public library is now adults-only. Nothing will be accomplished. Here’s why. HB 710 is grossly unconstitutional.

Proponents will argue the law doesn’t ban books or the ability for adults to access materials.

Instead, they’ll say it gives parents more say in what children can read. That sounds all well and good, but a claim of such a law empowering parental rights is naïve. State lawmakers have essentially deputized pissed-off voters who believe in conspiracy theories about the nation’s youth being indoctrinated in public schools and libraries by leftist educators and librarians.

Individuals ultimately become state actors incentivized by promises of guaranteed monies to challenge books and their locations that probably aren’t even “pornographic” or “obscene.”

Anything that even remotely deals with sexuality or gender in any capacity could be challenged. Such challenges would violate the First Amendment rights of authors, parents, and children — but, most importantly, librarians, educators, and administrators. I can’t say this would happen exactly in the case of the Donnelly Public Library.

However, the fact that this library is so concerned with the beefed up liabilities under HB 710 that the library district board had to restrict the age of access for its patrons speaks to how unjust laws that significantly restrict and regulate libraries can genuinely be. There is no regard for the unintended consequences, which could have a greater impact on the state than the intent of the law.

A rich body of research shows that a child’s ability to access a school or public library positively impacts their development.

In some studies, the role of the librarian in rural communities carries as much weight as a teacher or other trusted adult.

While it is true that Donnelly Public School isn’t canceling its after-school and summer reading programs, restricting year-round access to this library to just adults could come at a cost. I believe that having the ability to read is a fundamental human right, especially for teens. I might not be the best voice to discuss the rights of youth, but it’s evident this is a product of fear-mongering to gain power among Republicans is out of political gain.

It is the Republicans, in the case of HB 710, that are harming the children just so a powerful minority of individuals could appease their political backers. No matter who it is or how they are held, everyone should be able to access the information they want and need.

Michael McGrady covers the legal and tech side of the online porn business, among other topics.

Filed Under: book bans, book burning, bounty laws, donnelly, donnelly public library, free speech, hb 710, idaho, inappropriate books