More than 100 people speak at hearing on proposed Alabama library regulations

Copies of banned books from various states and school systems from around the county are seen during a press conference by U.S. House Democratic Leader Hakeem Jeffries, D-New York, at the U.S. Capitol on March 24, 2023 in Washington, DC. (Kevin Dietsch/Getty Images)

More than 100 people Tuesday spoke at an all-day meeting of the Alabama Public Library Service (APLS) Board, with most urging the board to reject changes to an administrative code proposed by Gov. Kay Ivey.

Amid right-wing attacks on the content and leadership of libraries, particularly books with LGBTQ+ characters or themes, Ivey last fall proposed a series of code changes that would tie library funding to the adoption of policies by requiring libraries to restrict what might be considered inappropriate material.

But most speakers at the hearing urged the board to leave the code as it is or adopt proposed measures from the Alabama Library Association that would focus on unsupervised children in libraries.

“To be clear, I do agree with the implementation of additional policies,” said Andrew Foster to the board, the former director of the Autauga Prattville Public Library. “However, what I disagree with is the clear bias in the language used with these changes. The administrative code policies, as they are now, are written in clear, neutral language; this neutrality allows local libraries to make their own decisions on how to implement this requirement with APLS as an advisory body.”

The hearing was the most recent episode in a drama that has played out for more than a year over access to library materials.

Formally, the intended purpose of the hearing was to allow the public the opportunity to respond to recommendations that Gov. Kay Ivey made in an October letter for changes to the APLS administrative code.

The letter followed an ongoing battle in Prattville between Clean Up Alabama, formed after a parent objected to a book that contained inclusive pronouns, and Read Freely Alabama, which said Clean Up Alabama was attempting to censor library content.

Ivey asked APLS last fall to make  state aid contingent on libraries adopting policies that enhanced parental supervision of children while in a library.

A second required those who oversee a library to publicly vote on any measure that transfers money to the American Library Association, which became a target for conservatives after Emily Drabinski, a president of the organization, identified herself as a Marxist and a lesbian.

Finally, Ivey wanted libraries to address parents’ concerns regarding sexually explicit and inappropriate materials in the library. In particular, the governor wanted libraries to adopt policies indicating the physical location of sexually explicit or inappropriate materials for children. She also wanted libraries to provide advance approval of materials that are “recommended, displayed, or otherwise actively promoted to children or youth.”

The Alabama Library Association (ALLA) issued its own proposals that countered the governor’s. The group wants the APLS code to direct libraries to adopt policies to deal with patrons and children who were unsupervised by children, the location of materials as well as establish a display policy.

The core of ALLA’s proposal dealt with delegating authority of what is appropriate material for a child to the parent, stating that “the public library must be easily available to all citizens of its county or municipality; and it cannot deny service to anyone on the basis of age, race, sex or creed. For any minor in the public library, the parent/guardian retains the ultimate authority to determine what materials their child may or may not access. The library cannot act in loco parentis.”

Some speakers spoke in support of Ivey’s proposal. Elizabeth Stewart, who attended the meeting, said that she was concerned about ‘It’s Perfectly Normal,’ a best-selling book on puberty, being available to different age groups.

“I am in support of the governor’s suggestions and even going a little bit further,” she said. “My reason is that there is a lot of disjointedness in local library systems.”

But Ivey supporters were in the minority.

Angie Hayden, one of the leaders of Read Freely Alabama, also spoke before the board.

“I am happy to see that most Alabama residents reject the lie that our libraries’ staff are providing pornography to children,” she said. “I am happy to see that most Alabama residents are intelligent enough to realize when they are being lied to and intentionally manipulated, and that when a book that was never in children’s libraries is read aloud and presented as being pushed on 8-year-olds that they have the discernment to see that dishonesty, and the ability to recognize when fear and hate are being ginned up for political gain.”

APLS has faced pressure from state leaders and right-wing advocates who wish to impose additional rules that restrict access to library materials in the name of protecting children.

Opponents said restrictions strike at the very heart of freedom of speech; that advocating for restriction to books is a guise, and that true intent is to strip libraries of materials that depict or pertain to an entire class of people, namely LGBTQ+ individuals.

“The point is that it is not up to the government to decide what you can and cannot read,” said Krysti Shallenberger, a member of Read Freely Alabama. “It is unacceptable to segregate books based on race, or belief systems.”

First Amendment experts have cited case law that protects against viewpoint discrimination, and many claim that is what is happening with the restrictions.

“We have freedom of religion, which also includes freedom from religion,” said Amber Frey in an interview after the public hearing, a member of Read Freely Alabama. “You can’t use your religious beliefs to push your beliefs on other people.”

Members of the APLS Board will make their decision in mid-May after reading the comments submitted by residents and listening to what people said during the meeting.

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