Will Idaho soon restrict ‘harmful’ library books for kids? It’s now in Gov. Little’s hands

Idaho Gov. Brad Little will soon decide whether to sign into law a controversial bill that would allow people to sue schools and libraries over books deemed “harmful” to minors after the bill cleared its final hurdles in the Legislature.

Senators on Wednesday passed the bill that would allow community members to file written requests to remove materials from a library’s shelves. An amendment to House Bill 710 gives the library or school board 60 days to move the material to an adults-only section, after which the community member could file a lawsuit for damages.

The House voted to approve the amendment shortly after the Senate passed the bill.

Little vetoed a similar bill last year that would have allowed parents to claim $2,500 in damages each time the material was obtained at a library. In his letter, he wrote that the bill would have created a “bounty system” that would increase libraries’ costs and ultimately be paid for by taxpayers.

“This legislation makes sweeping, blanket assumptions on materials that could be determined as ‘harmful to minors’ in a local library, and it will force one interpretation of that phrase onto all the patrons of the library,” Little wrote at the time.

The Idaho Library Association in a January legislative update said the governor “has already indicated that a veto will not be forthcoming” this year. Little declined to comment Wednesday.

Idaho Library Association President Lance McGrath said his association “stands in steadfast opposition” to the bill. McGrath noted that the bill still contains issues flagged by Little in last year’s bill, including a civil cause of action, “allowing anyone from anywhere” to dispute Idaho books and making “sweeping, blanket assumptions on materials.”

House Bill 710 “does not represent Idaho values of local control, individual rights and personal responsibility,” McGrath said in an email to the Idaho Statesman. “The vague language of the bill will have a chilling effect on materials included in library collections and on access. Rural communities and small libraries will be disproportionately impacted by the civil cause of action penalties in the bill.”

The bill uses Idaho’s obscenity laws to determine the definition for obscene materials. That includes materials that appeal “to the prurient interest of minors as judged by the average person,” and that depict sexual activity “patently offensive to the prevailing standards in the adult community,” according to previous Statesman reporting. The state’s obscenity law also includes acts of homosexuality but exempts books with literary or educational value.

Supporters of the bill have argued it’ll keep graphic sexual books out of the hands of children, while opponents have said the bill opens libraries to lawsuits that could claim a wide interpretation of “harmful” materials. Opponents have also said those books already aren’t placed in children’s sections, the Statesman previously reported.

Sen. Cindy J. Carlson, R-Riggins, opened the debate Wednesday by saying the bill was “fair to both sides.”

“One side may want kids to have access to certain material, and the other side does not,” Carlson said. “By keeping material in the library and moving it to its rightful location, this helps to solve the division. Parents can allow their children access as they deem necessary.”

Sen. Rick Just, D-Boise, argued during the debate that children could just as easily access material deemed “harmful” through the internet.

“This isn’t about keeping pornography from disturbing kids. Where is pornography? Pornography is here,” Just said, holding up his cell phone. “It’s not in the libraries. This is about keeping ideas from kids.”

The Idaho Family Policy Center, an influential conservative lobbying group, celebrated the bill’s passage Wednesday.

“Pornography has no place in schools or public libraries — period,” President Blaine Conzatti said. “No child should encounter sexually explicit books at taxpayer-funded schools or community libraries. We’re grateful that state legislators have taken another swing at this documented problem — and we’re hopeful that the governor will sign this legislation into law.”