In one of his few acts of defiance this year against the will of a more right-wing state legislature, Gov. Brad Little has vetoed a bill that would’ve let families sue libraries for lending “obscene” materials to minors without permission.
It would have applied to public libraries, as well as those in K-12 schools, regardless of whether they’re publicly or privately run.
Families could’ve recovered $2,500, plus uncapped damages in civil court.
“Allowing any parent, regardless of intention, to collect $2,500 in automatic fines creates a library bounty system that will only increase the costs local libraries incur, particularly rural libraries,” Little wrote in a letter explaining his veto.
Many of the books and graphic novels cited by supporters of the bill featured LGBTQ characters and themes or are sexual education materials.
The legislation would’ve applied to books, magazines, photos and other materials containing nudity, sexual descriptions or sexual conduct.
Sexual conduct includes “any act … of homosexuality.” Should the prevailing standards of the community in which the library is located consider two men kissing obscene, it would’ve fallen under the purview of the bill.
“This legislation makes sweeping, blanket assumptions on materials that could be determined as ‘harmful to minors’ in a local library, and it will force one interpretation of that phrase onto all the patrons of the library,” Little wrote.
The bill’s chief sponsors, Rep. Jaron Crane (R-Nampa) and Sen. Cindy Carlson (R-Riggins) couldn’t immediately be reached for comment late Wednesday afternoon.
Little’s veto sets up a potential showdown Thursday as the legislature hopes to adjourn for the rest of the year. While the bill passed the Senate 26-9 mostly along party lines, it didn’t clear the House with a veto-proof majority.
If all House members are present Thursday, 47 representatives would be needed to authorize an override. The legislation only earned 40 yes votes when it originally passed last month.
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