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BOISE, Idaho (AP) — Several large book publishers, a tiny public library and others are suing Idaho officials over a law that forces libraries to keep some books in an adults-only section if community members believe they are “harmful to minors.”
The Donnelly Library, Penguin Random House and the others suing say the law is overly vague and violates the First Amendment rights of students, librarians and other residents by forcing libraries to sequester literary classics like “Slaughterhouse-Five” and “A Clockwork Orange.”
It’s the second such lawsuit filed in Idaho. A coalition of small private schools and libraries sued last summer, and that case is ongoing. Similar cases have been filed in Arkansas, Iowa, Florida, Texas and other states with laws restricting access to books in libraries or schools.
“Many are first introduced to these books as minors at their schools or local libraries, under the guidance of trained professional educators and librarians,” the plaintiffs’ attorneys wrote in the lawsuit filed in Idaho’s federal court this week. “Not anymore. Idaho now demands that public schools and public libraries either sequester these books — and others like them — away from young people or face the risk of challenge, litigation, and statutory damages for allowing these classic and valuable books to be accessed by minors.”
A spokesman for Idaho Attorney General Raul Labrador, who is named as a defendant in the lawsuit, declined to comment because the case is pending.
Book banning efforts have soared recent years, according to the American Library Association. Public and school-based libraries have been flooded with complaints about allegedly inappropriate books, and the efforts often organized by conservative groups such as Moms for Liberty.
In some Republican-led states, lawmakers have responded by passing laws creating new punishments — including lawsuits, fines and even imprisonment — for libraries or individuals that distribute books deemed unsuitable. Some Democratic-led states including Washington and Illinois have responded by banning book bans.
Idaho’s law took effect last year, requiring schools and public libraries to move material deemed “harmful to minors” to an adults-only section or face lawsuits. If a community member complains that a book is harmful to minors, the library has 60 days to address it or children or their parents can sue for $250 in damages. The law relies on Idaho’s legal definition of obscene materials, which includes “any act of homosexuality.”
At the time, the Idaho Library Association warned that the law was vague and subjective, and said it would likely lead to significantly limited access to information for the public.
In fact, that’s exactly what happened, according to the lawsuit. The Donnelly Public Library operates the only after-school program in Donnelly, a town of about 250 residents, but it had to bar minors from entering unless a parent or guardian first completed a waiver.
That’s because the library operates out of a small log cabin and a handful of teepees, and there is not enough room to create an adults-only section for some books like “The Handmaid’s Tale,” according to the lawsuit.
Christie Nichols, a librarian in the state’s largest school district and one of the plaintiffs in the case, said she was instructed to pull roughly 30 books from her library at Rocky Mountain High School in Meridian and send them back to the West Ada School District headquarters, “even though she believes these books have serious literary, artistic, political, or scientific value for her students.” That’s because the books were on a list of about 60 the district had deemed problematic.
Two students also joined in the lawsuit, including a 17-year-old from Lewiston who noted that even though he is taking college-level courses through his school’s dual-credit program, he is restricted from accessing books that he feels he needs to foster his learning. An 18-year-old student from Meridian said in the lawsuit that even though she is now old enough to check out the restricted books from her school library, it’s unclear how she can gain that access.
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