Groups express dissatisfaction with APLS policy changes

May 7—The two groups at the heart of recent library debates, Clean Up Alabama and Read Freely Alabama, both expressed their conflicting dissatisfaction with Gov. Kay Ivey's proposed amendments to the Alabama Public Library Service Code during a public hearing held Tuesday, April 30.

Following months of record high book challenges calling for the removal or relocation of library books containing LGBT content, Ivey expressed her concerns of APLS policies — most specifically, it's involvement with the American Library Association — in a letter sent to APLS Director Dr. Nancy Pack in October 2023. In the letter, Ivey suggested the "minimum" actions to be taken by the APLS were to:

— Adopt "sensible policies" to facilitate greater parental supervision of their children.

— Require all expenditures of public funds to the ALA be approved by the relevant governing authority in an open, public meeting.

— Reaffirm local libraries' ability to respond to parental concerns about "sexually explicit" or other inappropriate material.

State lawmakers included a contingency that would require local libraries to adopt Ivey's proposal's in order to receive state level funding in the the 2025 Education Trust Fund budget.

RFA and other library advocacy groups have argued that removing library books based on their content would violate continuously upheld U.S. Supreme Court decisions that restricting access to information violates constitutional free speech protections. CUA founder Hannah Rees said during the hearing that conflating discussions on library book content with free speech protections distracted from what she believed to be the issue at hand.

"The main issue here is that we don't want our children being exposed to inappropriate and harmful material in the publicly funded library and yet that issue has never been addressed by the other side. What has been addressed is freedom of speech, let's not be distracted by these tactics. Making this a free speech conversation implies that freedom of speech applies to our children the same way it applies to adults," Rees said.

In a phone interview with The Times, APLS board member and ALGOP chair John Wahl said he felt a lack of clarity in Ivey's amendments has led to a number of concerns from members of both organizations.

"One of the amendments is to put in place a policy that would address the location of sexually explicit materials in children's sections, but does not actually direct whether those materials can or cannot be there. I think that lack of firm direction is what has people confused on both sides. One side worries that changes come with an assumed requirement and the other side wants there to be a requirement included," Wahl said.

Krysti Shallenberger, head of the Cullman County chapter of RFA, agreed that the policies were overly vague and that local library boards already have policies in place to address book challenges. She said taking that authority away and placing it into the hands of lawmakers who have aligned themselves with far-right organizations such as CUA was a clear indication of the intention behind the proposals.

"I don't see this as taking reasonable steps. I see this as being vague and undefined and giving bad faith groups the ability to maneuver and censor libraries. The way that this apparatus has worked is that they want to remove, not relocate, books that deal with LGBT content. We've seen this in Prattville and their new policies," Shallenberger said.

The Autuaga-Prattville Public Library, the epicenter of Alabama's library debates, recently approved a policy which prohibits the library from accepting or ordering any books which contain "obscenity, sexual content, sexual orientation, gender identity or gender discordance," if they are marketed to minors under the age of 18.

APLS board member Amy Minton suggested a near-identical statewide policy to be included with Ivey's proposals. Shallenberger said she believed the Cullman County Library Board's actions was a much better and reasonable model.

Further conflating the debate is a bill from Rep. Arnold Mooney (R-Indian Springs) which would not only remove librarians' exemptions from state obscenity laws but would also expand the definition of "sexual conduct" to include "any sexual or gender oriented material that knowingly exposes minors to persons who are dressed in sexually revealing, exaggerated, or provocative clothing or costumes, or are stripping, or engaged in lewd or lascivious dancing, presentations or activities. ... "

Members of CUA and the similar organization Eagle Forum of Alabama supported the bill during a Senate committee hearing last week.

A federal judge temporarily blocked a nearly identical Arkansas law from taking effect in July 2023.

Mooney did not respond to multiple messages left by The Times. As the current legislative session nears its end, Wahl said he would prefer to address the issue administratively rather than criminally.

"I have always wanted to see this issue addressed by the APLS. I feel as though that is that appropriate government authority. I understand the legislator's concern and them getting them involved, but hopefully we can get this addressed in the code changes of the state library board and get that done properly so people can clearly see the structure and what needs to happen concerning state funding," Wahl said.

The APLS policy changes are expected to be presented May 16.