Are books previously found in Virginia Beach school libraries obscene? A decision could come as soon as Tuesday.

A decision as to whether two books previously found in some Virginia Beach Public School libraries are obscene for children could come Tuesday in the Virginia Beach Circuit Court.

Allegations that “Gender Queer: A Memoir” by Maia Kobabe and “A Court of Mist and Fury” by Sarah J. Maas are “obscene for unrestricted viewing by minors” were supported when Judge Pamela Baskervill ordered the authors and publishers, Oni-Lion Forge Publishing Group and Bloomsbury Publishing, to respond.

Former Congressional candidate Tommy Altman and his lawyer, Del. Tim Anderson, outlined specific passages within both titles that show or describe sexually explicit content. The schools have since removed both titles from library shelves. However, the petition also looks to restrict children’s access to the books in bookstores, like Barnes & Noble.

Barnes & Noble has opposed the move in a brief filed with the court, stating that Altman and Anderson are asking the court to impose an obscenity standard set in a 1860s case in England.

“While most of these controversies have focused on the (availability) of books in public schools, here, the Petitioner seeks to move beyond the schools and deploy an antiquated statute to limit access to books generally in bookstores and elsewhere,” Barnes & Noble stated in the brief.

Later Supreme Court decisions and the current Virginia law say a book or other item is considered obscene when sex is the dominant theme and “taken as a whole, does not have serious literary, artistic, political or scientific value.”

The authors, publishers and book sellers have argued that neither book meets that standard.

In a brief filed in July, Kobabe stated the challenged images appear on seven pages of the 240-page graphic novel, which raises the questions of “whether those seven pages are the dominant theme of the book, taken as a whole; whether the remaining 233 pages are mere empty filler.”

Altman and Anderson later responded by saying a “one-size-fits-all obscenity standard” for adults and children no longer applies and “Long gone are the days of the minor sneaking a ‘girly’ magazine from their dad’s dresser as the sole method of obtaining adult content.”

Instead, they propose using a rating system similar to how movies are rated and making it so that children would need a parent to purchase or borrow a book with sexually explicit content.

The petitioners also filed a motion for a temporary restraining order prohibiting the sale or distribution of “Gender Queer” and “A Court of Mist and Fury” to minors, though no action was taken on it.

Prince Books in Norfolk and Read Books in Virginia Beach have filed briefs in support of the chain and the authors and called the attempt to restrict access a violation of due process. Many say they were not notified of the filings as Barnes & Noble was.

Joining the bookstores, American Booksellers for Free Expression, Associational of American Publishers, Authors Guild, American Library Association, Virginia Library Associations and others filed an amicus curiae brief supporting the books.

“This case threatens the First Amendment right of minors to choose to read First Amendment-protected material, the First Amendment right of adults to do the same, and the First Amendment right of booksellers, librarians, and publishers to curate and provide access to such materials,” the brief filed in June stated.

If the books are ruled obscene, then they lose Constitutional protection and government entities could ban the books.

Altman in past interviews said the case is not about banning books, but it is about “restoring parental rights.”

“It is not only a parent’s right to decide what music, video games, television shows, movies, and books are appropriate for their children, it is a parent’s responsibility to make these decisions in the best interests of their child,” the petitioners’ brief stated.

Kelsey Kendall, kelsey.kendall@virginiamedia.com