By Ruth Brown, Idaho Reports
The Idaho House of Representatives passed a bill Wednesday in a 47-22 vote that would allow people to report and potentially file lawsuits against libraries over ‘obscene content’ available to children.
HB 710, sponsored by Rep. Jaron Crane, R-Nampa, is the third version of a library bill to make its way through the building and has been an ongoing topic of contention for the last three years.
Prior to filing a lawsuit, the bill would require a parent or guardian to provide written notice to the school or public library asking them to relocate the material within 30 days to a section designated for adults. If the library fails to relocate the “obscene content,” a lawsuit may be filed for $250, as well as actual damages and any other relief.
The bill does not put a cap on how much a person could claim in actual damages, nor does it address legal fees. The potential lawsuits include both public and private school libraries providing K-12 instruction.
Legislators were openly frustrated with each other during debate.
Rep. Mark Sauter, R-Sandpoint, said he didn’t believe obscene content was a problem in his district.
“It’s my belief that in my area the librarians have done a good job of hammering this out,” Sauter said.
Rep. Elaine Price, R-Coeur d’Alene, said it was a problem in her area and the body regularly passes legislation to help certain areas of the state.
“This bill is addressing an issue that is prevalent in our area,” Price said.
Under the bill, content could be deemed harmful to minors when “judged by the average person, applying contemporary community standards.”
The bill includes nudity, sexual conduct including masturbation, sexual excitement, and sado-masochistic abuse as factors that could be “patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors.”
Rep. Kenny Wroten, R-Nampa, voted against the bill, saying he didn’t believe this was an issue. He called it a bill in search of a problem that will cause chaos. He debated against the idea that some legislators argued, that this bill “is not as bad as the that last bill.”
“It’s like getting hung by a new rope,” Wroten said.
Rep. Brent Crane, R-Nampa, said if this bill didn’t pass, the legislature would go back to the first version of the bill from 2022, which could have jailed librarians.
“Why are we fighting so hard to put obscene material in front of children?” Brent Crane asked the House.
The bill now heads to the Senate.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.