As promised, the Idaho legislature has once again introduced a bill to restrict “obscene” materials from those under 18 years old at public libraries. The proposal would also apply to school libraries, regardless of whether the institution is public or private.
Those include any examples featuring nudity, sado-masochistic abuse or “sexual conduct,” the definition of which includes any act of homosexuality, which could include holding hands or kissing.
Currently, Idaho's obscenity law doesn't apply to librarians lending such materials while acting within the scope of their job.
Librarians who have testified before lawmakers in the past strongly reject the characterization that they lend obscene books to children. Parents, they've said, are certainly able to request a library not check out certain materials to their children if they find them inappropriate.
Legislators have tried to outlaw the availability of these books, magazines and other materials in recent years, with Gov. Brad Little vetoing a 2023 attempt. Examples of these materials presented in past committee hearings and floor debates largely included LGBTQ themes or characters and sex education books.
"My intention was never to ban books or materials," said the bill's sponsor, Rep. Jaron Crane (R-Nampa). "They’re fine to have that material if they want to have it, just relocate it."
One could only sue if a library refuses to move a particular book to an adults-only section within 30 days of a written request.
The measure doesn’t allow a library’s governing board any discretion over whether they approve such a request.
A prior version of the proposal considered last year would’ve allowed people to sue libraries who violated the statute and recover $2,500, plus any damages they or their children may have suffered.
The latest version introduced Wednesday limits that maximum nominal amount to $250, but it still allows people to recover “actual damages” experienced.
“I guarantee that won’t bankrupt any library in the state of Idaho,” Crane said during the introductory hearing.
The legislation still needs a public hearing before it could be considered by the full House of Representatives.
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