By Ruth Brown and Logan Finney, Idaho Reports
Gov. Brad Little signed a controversial bill Wednesday that will make libraries subject to lawsuits.
An ongoing topic of contention for the last three years, HB 710 is the fifth version of a library bill up for debate in the statehouse. The bill passed the House of Representatives in March in a 45-24 vote.
Last year, Little vetoed another library bill that would have allowed parents or guardians to sue libraries for $2,500 if a minor accessed harmful material.
Under this bill, a parent or guardian can ask a school or public library to relocate material within 60 days to a section designated for adults only. If the library fails to relocate the “obscene content,” the guardians may file a lawsuit for $250, plus damages and any other relief.
The bill does not put a cap on how much a person could claim in damages, nor does it address legal fees. Libraries at both public and private schools providing K-12 instruction are included in the bill.
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.”
Those who voted against the bill expressed concern about the legal fees that libraries may accrue. Lawmakers who supported it contended some libraries have materials that are inappropriate for minors.
The new law will take effect on July 1.
“I signed that stinking library bill,” Little told Idaho Reports. He said the sponsors addressed most of his concerns from last year, and he doesn’t want to send the message to lawmakers that if they do earnestly work to address his objections he will simply veto their legislation again.
Little also said he was concerned about what a different library materials bill would look like next year.
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.
Logan Finney | Producer
Logan Finney is a North Idaho native with a passion for media production and boring government meetings. He grew up skiing, hunting and hiking in the mountains of Bonner County and has maintained a lifelong interest in the state’s geography, history and politics. Logan joined the Idaho Reports team in 2020 as a legislative session intern and stayed to cover the COVID-19 pandemic. He was hired as an associate producer in 2021 and they haven’t been able to get rid of him since.