Committee stalls library bill amid outcry

BOISE — After another two hours of testimony on the latest library bill, an Idaho Senate committee has held off on making a decision.

The Senate State Affairs Committee on Wednesday heard public testimony that overwhelmingly opposed HB 710, which prohibits schools and libraries from making available materials deemed harmful to minors and allows for civil lawsuits when challenged books aren’t moved to an adults-only section. Committee Chairman Sen. Jim Guthrie, R-McCammon, said that he wanted to hold off on a vote to give the members more time to discuss the bill.

Guthrie said the vote may come up Monday.

Bill sponsor Sen. Cindy Carlson, R-Riggins, said she ran for her position in the Senate because of the library issue, which has been debated hotly in the Idaho Statehouse for the past three years.

“Harmful material hijacks a child’s brain and focuses the body’s attention until it climaxes and creates a desire to repeat the process,” Carlson said.

The bill uses the state’s existing definition of “harmful to minors,” which is material with representations of “nudity, sexual conduct, sexual excitement, or sado-masochistic abuse” when it “appeals to the prurient interest of minors” and the descriptions are “patently offensive to prevailing standards in the community with respect to what is suitable material for minors.”

Carlson said she had been notified of books that constituents found concerning in the Lewiston library days ago.

Lewiston City Library Director Lynn Johnson said she and her staff have not heard any complaints or had any conversations about objectionable books in the library. No formal complaints have been made in two years, Johnson said.

She did see a group of people Tuesday who appeared to be combing through materials, but no issues were brought to staff, she said.

All but one of the testifiers who spoke Wednesday opposed the bill. Many of those against it had similar complaints, including that it disrupts local control, it may put library districts and school districts at risk of frivolous lawsuits, that it would be difficult to comply with, and that it was an attack on librarians.

Grace Howat with the Idaho Family Policy Center testified in support of the bill, which she said used “model language drafted last year” by the center. She argued that it is a widespread problem and came with a petition signed by 2,200 residents in support of the bill.

“Obscene materials hinder the moral development of our youth and contribute to juvenile crime,” Howat said.

She also said a policy center effort found harmful materials in 50 community libraries and public schools in the state. A 2023 report posted on the center’s website shows the center searched catalogs for five titles: “Fun Home: A Family Tragicomic,” “All Boys Aren’t Blue,” “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex and Sexual Health,” “Gender Queer: A Memoir,” and “Dreaming in Cuban: A Novel.”

All but one of the books feature LGBTQ characters or depictions and are frequently challenged books. Searches of the Lewiston, Boise and Pocatello public library catalogs found most of these books in adult sections if they were available, with one in the young adult section, and the Boise library system had “It’s Perfectly Normal” in a youth collection.

Many of the librarians who testified Wednesday say the language in the bill requesting books be moved to an area “with adult access only” was concerning, because libraries do not usually have a separated area where only adults may enter.

Meridian librarian Megan Cafferty said the library’s “adult section is not an adult-only section,” and that it would be “infeasible” to monitor if minors were trying to go into the section.

Idaho Falls Public Library Director Robert Wright said his library may have to pay to staff someone to check identification in the adult area of the library, which would be costly.

He also highlighted that the bill defines “harmful to minors” across the board without taking into account age differences.

“There is a difference between a 17-year-old and a 6-year-old, and I think that’s getting lost in the discussion here,” he said.

Others pointed out that school libraries don’t have adult sections, so the challenged books would need to be removed completely.

Kathy Griesmyer, government affairs director for the city of Boise, brought proposed amendments to the bill that would alleviate the city’s concerns with the bill.

She also noted that it’s not feasible for most libraries to have an “adults-only” section and recommended changing the references in the bill to “age-appropriate section.” She also asked that the 30 days for reconsideration be changed to 60 days.

Many expressed concern that the legislation would promote lawsuits. Under the bill there would be a requirement that the person wait 30 days after submitting a form requesting the relocation of a material before filing a private cause of action. Some noted that if the library or school board reviews a material and determines it doesn’t meet the statutory definition of “harmful” or obscene, the district would still have to defend itself in court.

Some worried outside groups could overwhelm libraries with many challenges at once.

“It seems to me that providing this cause of action is just a rotten thing to do to libraries,” said Mary Ruckh, who testified Wednesday. “It’s actually a rotten thing to do to all of us, because we’re taxpayers. We’re paying for the libraries.”

Many argued that there isn’t a problem with truly pornographic or obscene materials being in libraries. One person asked where all the supporters of the legislation were and why they didn’t show up to testify.

Some compared the fear around harmful materials to the “Satanic panic” of the 1980s or McCarthyism in the 1940s and 1950s.

Some who testified had also spoken in public hearings on all or nearly all of the previous library bills that have been proposed over the past three years. Many were tired and a few said the bills had a detrimental impact on morale of librarians in the state.

“This is completely unnecessary,” Meridian Library Director Nick Grove said, “and I wish there was a way we could convince you of that.”

Senate President Pro-tem Chuck Winder, who previously said this session he doesn’t “want to go home without a library bill,” told the audience Wednesday that he saw a book that was available to a kid at a school library that he thought was inappropriate.

“So there’s an issue here that we’re trying to deal with,” Winder said. “Please don’t think this is out of disrespect to any of you as librarians.”

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on X @EyeOnBoiseGuido.