HB 710 introduces new regulations restricting minors’ access to certain library books

During the last session of the Idaho State Legislature, Bill 710, officially titled the “Children’s School and Library Protection Act,” established a law requiring libraries and schools to relegate books to a separate “adult access only” section if they contain depictions of nudity, sexual conduct, arousal, or sadomasochistic abuse in any medium.

So why the protests?

Abigayl Martin, BYU-Idaho student ANDLumna, a writer who has been following the bill’s history over the past few years, explained how a version of the bill passed last year House and Senate, but it was vetoed by GoveRnor Brad Little as a result of dangerously vague language and enforcement concerns.

For example, stopping sexual behavior is one of the grounds for requesting AND book Down be transferred; However, in the House of Representatives bill no. 710, part of the definition of sexual behavior includes anything “homosexual.”

“Let’s say there’s a book where the main character is gay or transgender or something like that“- said Martin. “That could very well be the case even if there was nothing else, you know, no sex, no other thing, no language, just that the main character was, you know, gay or trans. And then that would be reason enough to ban the book, which is kind of scary if you ask me.“

One of the main concerns people have about this bill is that legislators did not listen to librarians’ concerns while the bill was in committee.

“Every lawyer I’ve talked to has a different take on this. The law is not very simple,” said Valerie Vale, director of the Madison Library District.

Smaller libraries are most often ANDaffected. Without funds for legal advice and adequate space to move books behind right, they To have come up with other creative solutions, or be punished.

In May, the Donnelly Public Library became an adults-only library, according to Donnelly Public Library Director Sherry Scheline.

“Especially as a teenager, I loved going to the library, so if I… couldn’t go to the library anymore, I would be very sad. Quite upset, to be honest,” Martin said.

Scheline explained that the library currently offers three different exemption options for minors.‘ parents must sign permission to enter the library.

Every customer is required to renew their membership. Tto allow your minor to left without care, they have to choose from following options: completely forbiddengetting in their children do not remove any items from shelves without supervision,getting in their participate in the libraryyouprograms but do not use his materials or a complete waiver of their rights under Bill No. 710.

According to Scheline, only one family decided to limit their children’s access to library materials.

On Monday, concerned people, including parents and teachers, gathered outside the Madison County Library to draw attention to the new law.

Opponents of the new law oppose shift parental responsibility to legislators‘ hands.

Concerns focus on suppression of freedom of speech, FFirst ANDThis amendment is currently in conflict with state law.

“The main argument was that… we don’t want pornography in libraries. … So anyone who opposed this bill was seen and portrayed as a supporter of pornography, which is absolutely ridiculous.”,” said Martin.

In addition, many libraries already have a protocolS applicable when selecting books for their collections, and the new law threatens to have a chilling effect on librarians’ choices of books.

A previously vetoed version of the bill would have allowed for a $2,500 compensation payment to a parent or guardian if a reported children’s book was not transferred within 30 days.

The version signed as law has been downgraded this maximum penalty $250 for each offense.

“Which, you know, could mean a lot of money“- said Martin. “Especially, you know, we are very happy and we have a very good library here. But just like in smaller, more rural areas, they can’t handle itor their libraries are not designed to easily carry books.

The Act specifies the procedure for transferring books.

First, every library must have forms that parents, guardians or minors must fill out when they come across materials that are harmful to minors that they want to be transferredas defined in House Bill 710, according to Vail.

The form is then reviewed by the Library Board of Trustees. AND volunteer officials elected by voters of library districts.

If the material is deemed offensive to minors under the law, the library must remove it within a specified time or face damages of up to $250.

These officials To have has no part in everyday life–daily functioning of the library.

“No two libraries in the state will do it exactly the same because no two libraries in the state are exactly the same.“- said Vale. “That’s the beauty of it. They can transform, they can adapt to the community they’re in and be specialists for that community..”

Valerie Vail explains how the library’s RFID book return system works. Photo credit: Chester Chan

Vail has worked for the Madison Library District for 25 years, 12 of which as director. He previously worked at the Pocatello and Blackfoot libraries.

“I appreciate our community,” Vale said. “This library is a testament to what our community values.”

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