By Ruth Brown, Idaho Reports
The third version of a bill aimed at protecting children from harmful materials in libraries remains in the Senate State Affairs Committee, for now.
This is a dispute the Legislature has been fighting for the last three years, with various bills over allegations that there is “obscene content” in libraries. The committee heard nearly two hours of testimony on the bill on Wednesday and all but one of the testifiers spoke in opposition.
Sen. Cindy Carlson, R-Riggins, sponsored the bill, saying she believes the citizens of the state are angry the Legislature hadn’t acted.
“Hopefully this bill is a compromise for everyone,” Carlson 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.”
If signed into law, HB 710 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 legal damages, nor does it address legal fees. The potential lawsuits include both public and private school libraries providing K-12 instruction.
Multiple people testified about how school libraries do not have “adults only” sections.
The committee heard some stories in testimony from people sharing personal stories about how libraries helped them. Librarians and library supporters testified, many who have become familiar with the committee members, and sounded exasperated.
Idaho Falls Public Library Director Robert Wright expressed concern about the attorneys’ fees they will have to pay should they be sued if the bill passes.
“There is a difference between a 17-year-old and a 6-year-old, and I think that’s getting lost in the conversation,” Wright said. “In our library, we don’t provide those materials to little kids unless their parents say they can.”
Jeff Kohler, a trustee for the Meridian Library District, testified in opposition to the bill.
“Any so-called ‘harmful material’ must be moved to an adults-only section or else the books would be fair game for bounty hunters, including bounty hunters outside our district,” said Kohler.
He argued libraries do not have adults-only sections.
“If this bill passes, I will recommend to my fellow trustees that on July 1, we close our doors to the 200,000 books to anyone not accompanied by parent or guardian,” Kohler said. “We couldn’t risk the legal liability otherwise.”
Other librarians and library district trustees testified in support, saying it should be a local decision and there are local policies in place.
Jessica Dorr, Boise Public Library Director, stressed that her library has a thorough review process of its materials already in place.
“We have something for everyone, and we are the heart and soul of our community,” Dorr said.
Grace Howat of the Idaho Family Policy Center testified in support of the bill.
“As we all know, children’s access to school and library pornography is a widespread issue across the state,” Howat said. “In fact, when IFPC scoured public school library catalogs across Idaho last February, we found obscene titles were made available to children in more than 50 libraries throughout nearly 30 communities across the state. Obscene materials hinder the moral development of our youth and contribute to juvenile crime.”
The committee did not take action on the bill Wednesday. It now waits for another hearing to allow the committee to vote. The bill is not on the Thursday agenda for the Senate State Affairs Committee.