Idaho
As Idaho's new library law goes into effect, questions remain
Seven-year-old Patrice Droesch comfortably sat with her legs folded beneath her, lingering on the pages of Brian Lies’ “Bats at the Library,” a children’s book about bats that have a grand time when they find a window at their local library has been left open one night.
Patrice’s mom, Elizabeth Droesch of Coeur d’Alene, sat at a nearby table in the Seagrave Children’s Library at the Coeur d’Alene Public Library, researching different titles.
“I was just going through all of these and reading reviews and making sure what I choose is appropriate for my kids,” she said. “It takes time.”
Droesch has three children ages 7-13 whom she homeschools.
She said their family will be impacted by House Bill 710, the “Children’s School and Library Protection Act,” when it goes into effect Monday.
“It impacts me in two ways,” she said. “I think one is there are materials in the library or in the kids’ section I don’t agree with maybe, especially under the realm of gender or gender identity. That’s not something I think should be so accessible for children, especially without an adult to help them process their thoughts or have conversations.
“However, I think it’s really controlling to fine librarians for something that seems to be very relative,” she said.
Droesch said she reads her Bible and she believes in raising children to know the Lord.
“But I don’t believe that we’re out here to control,” she said. “We’re not here to come and put our hands on everything and decide what’s right for everyone. I think everyone should have the freedom to choose and that parents should be involved in helping their children choose. That’s what I think.”
In Idaho, a state where freedom is a sacred right, this new law is celebrated in some circles and bemoaned in others.
House Bill 710
Following years of attempts by some Idaho legislators to impose more restrictions on library materials, Gov. Brad Little finally signed the most recent iteration of the bill into law April 10, declaring, “I signed that stinking bill.”
“Gov. Little signed House Bill 710 because he shares the Legislature’s desire to keep truly inappropriate library materials out of the hands of children,” Little’s press secretary, Madison Hardy, said in a statement to The Press. “He said in his transmittal letter for House Bill 710 that he will be watching the implementation and outcomes of the bill very closely.”
According to the Children’s School and Library Protection Act — which was supported by all of Kootenai County’s elected officials — school and library staff members who provide youths with materials deemed harmful to minors can be fined $250. Patrons may now request relocation of materials to adults-only areas, and libraries will have 30 days to fulfill the request. If they fail to comply, they will incur fines and may face “any other relief available by law,” which could include “injunctive relief sufficient to prevent the defendant school or public library from violating the requirements.”
A similar 2023 bill would have allowed schools and libraries to be sued for $2,500, but Little “vetoed a bill that would have created a library bounty system so egregious that smaller libraries would have been forced to close their doors to minors altogether.”
What is obscene?
According to Cornell Law, obscenity is a category of speech unprotected by the First Amendment. But definitions of pornography and obscenity can often vary.
A report released by the Boise-based Idaho Family Policy Center, however, offers insight into definitions that might apply under HB710.
The policy center released a report in 2023 in which it found three libraries in Kootenai County — Coeur d’Alene, Post Falls and Spirit Lake — to have “obscene” materials that kids could access: “Fun Home: A Family Tragicomic” by Alison Bechdel; “All Boys Aren’t Blue” by George M. Johnson; “Dreaming in Cuban” by Cristina García; and “It’s Perfectly Normal” by Robie H. Harris. These books contain themes of sex, LGBTQIA+ sexuality, gender roles, emotional abuse, dysfunctional family life, suicide and other mature concepts.
That same year, the Idaho Family Policy Center drafted language upon which HB710 was built.
Morgan MaGill, communications manager for the center, said they were approached in 2021 and 2022 by parents who were concerned children they knew had “accessed pornographic books at their local school or community library.”
“At first, we were skeptical,” she said, “but as we researched the issue, we learned that children’s access to library pornography has been a widespread problem for years now.”
MaGill said the Children’s School and Library Protection Act does not ban any books. She said the law’s purpose is to ensure children will not have access to pornographic materials while using taxpayer-funded schools and libraries.
“No one should distribute pornography to children — especially not public schools and community libraries,” she said. “Parents should trust that their children will not encounter harmful pornography while making use of materials, services and programs provided by public schools and community libraries.”
Preparing for the new law
Coeur d’Alene Library Director Michael Priest said it’s difficult to predict what kind of impact this new law will have on library services, given that it has sparked varying legal opinions.
“The (Coeur d’Alene Library) Board of Trustees have opted to take a flexible approach, updating the policies that the statute requires and discussing other measures the library may take in the future,” he said. “We will be in a better position to assess the situation and make adjustments after July 1.”
The library’s board updated its Material Review Policy, Material Review and Relocation Request Form and Materials Selection and Collection Development Policy to comply with the Children’s School and Library Protection Act, Priest said.
In the last five years, two books have been challenged at the library. After thorough review, neither book was removed.
For the East Bonner County Library District, drafting the changes took dozens of hours of staff time, and their work was reviewed by the district’s attorney. Still, questions remain.
“It remains to be seen how costly the impacts of this legislation may become, depending on factors such as potential court cases and the renovation of library facilities to create restricted areas with adult access only,” Vanessa Velez, interim director, said in an email to board trustees.
Each request for removal needs to be assessed on its own merits without sweeping changes to library collections, spaces or procedures, she said.
“We also need to be wary of the potential for violating citizens’ First Amendment rights if we were to start preemptively sequestering or removing materials based on their subjective potential to be claimed as ‘harmful to minors,’” Velez said.
She said an in-house committee is being formed to explore possible responses to the varied situations that the district may face.
“There are too many factors involved to be able to perfectly plan our response to all of them ahead of time, including potential court cases, if it comes to that,” she added.
Velez said district officials don’t believe its library have any materials that are harmful to minors, “but since the language in the law is vague and at times contradictory, it’s hard to predict the outcome of any future court decisions,” she said. “So for now, we are complying with the law via our updated policy and form.”
Elsewhere, the Community Library Network finalized a new policy as well, a process that generated two new forms: Request for Reconsideration of Material, which allows customers to request the library evaluate a specific item; and Request for Relocation of Material, which is for an item the customer believes contains material harmful to minors as defined by Idaho Code. There is a statutory time limit of 60 days from receipt of the form to completion of the review process. Both forms allow library patrons to appeal to the board of trustees should they not agree with the library’s determination, Assistant Library Director Lindsey Miller-Escarfuller said.
“CLN staff have been provided with copies of the policies and forms, and staff have received training from their managers on implementing the new policies,” Miller-Escarfuller said. “As with most changes, some staff are feeling a bit unsure of exactly what to expect when a customer turns in one of the forms. With that said, our staff are well equipped, and I know that they will do their absolute best.”
The Community Library Network has taken steps to guide customers in selecting library materials, she said.
“We have age-appropriate collections identified within the library,” Miller-Escarfuller said. “In addition, we provide parents and legal guardians with the option to obtain limited access cards which ensures children are not able to check out certain materials. The use of library materials is an individual matter. Responsibility for children’s use of library materials rests with their parents or legal guardians.”
The CLN has received 14 requests for reconsideration of materials since 2021. Five of those items were relocated within the library. An example of this would be relocating a children’s fiction book to the teen fiction section, Miller-Escarfuller said.
“We have not removed books in response to a request for reconsideration,” she said.
Opposition
The grassroots Library Alliance of North Idaho, previously known as the Community Library Network Alliance, was formed to preserve and protect North Idaho’s libraries. Its members, which number in the hundreds, believe in freedom of speech and fighting against censorship in all its forms.
Their battle cry: “Help save our libraries.”
Steering committee member Naomi Strom, who was raised in a conservative Christian household in Hayden and works as the lead circulation specialist at the Hayden Library, said libraries are already doing what they are supposed to do.
“The purpose of our libraries is to provide free access to information and resources,” she said, speaking on her own behalf and not on behalf of the library. “Libraries are for everyone, but not every book is for everyone. We should all be allowed to decide for ourselves what we want to read.”
She said freedom of speech and free access to information is essential to the survival of democracy.
“Censoring books is un-American,” she said. “Free people read freely.”
Some people have said the implementation of HB710 won’t affect libraries if they are doing what they are supposed to be doing. Strom said that is built on a false premise.
“What they really mean is, ‘Libraries have nothing to worry about if they do what we demand,’” she said. “It’s a threat — ‘Do what we want, or we bury you in lawsuits. If you don’t remove the books we don’t like, we’ll take away your funding.’”
She said those who support this new law like to ask, “Do you think kids should have access to porn?”
“They say this because it is a conversation-ending argument,” Strom said. “Of course nobody wants that. But the assertion that libraries are providing porn to kids, and that librarians are pedophiles and groomers, is simply not true.”
Josiah Mannion, also a Library Alliance of North Idaho member and Hayden librarian speaking on his own behalf, said it is a librarian’s duty to maintain “an ecosystem of open knowledge that is not hermetically sealed into a closed system. That’s the point of libraries.”
He said the alliance’s goal is to generate support from the public to maintain an open system so people can check out whatever they want.
“An open library system is the ability to connect through difference, and the books and the resources libraries provide are that connection of difference for a lot of rural communities that don’t have access to other kinds of knowledge ecosystems, knowledge of the outside world,” he said. “One of the underlying principles of 710 that is being operated on in its implementation is trying to close up and seal off that openness.”
In Kootenai County, some community members will spend Monday delivering handwritten notes of appreciation and home-baked cookies to local librarians. These tokens of gratitude will serve as a reminder of the invaluable contributions of librarians to their communities, according to a Tuesday news release from the Kootenai County Democrats.
“Residents are encouraged to participate by writing thank you cards to their local librarians,” the news release said. “Whether it’s sharing cherished memories of time spent in the library, acknowledging the profound impact libraries have had or simply stating, ‘Thank you, we support you,’ these messages will uplift and encourage librarians during this critical time.”
Idaho
“Mamas know best”: Idaho Fish and Game Warns against interfering with spring baby animals – LocalNews8.com
POCATELLO, Idaho (KIFI) – Springtime in Eastern Idaho means warmer weather and recreational activities in nature for residents. It also means baby animals are out and about, sometimes with no mother in sight. Idaho Fish and Game (IDFG) wants to warn people against interfering with nature and the abilities of mother animals to care for their young, recalling an incident last year when a group of citizens dropped off a young fawn in a box at an Idaho Fish and Game (IDFG) office.
“The weather is wonderful, and of course we have the chance to see wildlife moms with their babies, which makes it extra fun,” said Jennifer Jackson, Regional Communications Manager for Idaho Fish and Game in Eastern Idaho. “But it’s also a time to be aware of protective mothers and give them space on the trails.”
“Trust that the mom’s going to come back”
While exploring nature areas or unmarked trails, people may encounter baby moose, fawns, goslings, ducklings and more. Residents may also find these species right in their own backyards.
“We’ve had situations where people see a little fawn curled up under a tree and think the mom’s not in the picture,” she said. “They think they need to pick up the animal and take it to Fish and Game. The reality is, much of the time a baby animal has been left where it’s at because the mom put it there.”
Mother animals, particularly deer, may leave their children behind while they forage for food, drawing predators away from the babies. By stealing from nature and grabbing a baby animal, people are taking it away from it’s mother and putting it in more danger.
“If you encounter a situation where you’ve found a little baby, don’t assume it’s orphaned. Rather, keep your distance and trust that mom’s going to come back,” Jackson said.
When Fish & Game Steps In
In some cases, people may have real concerns about the condition of a young animal. For those situations, IDFG encourages you to call their local office so they can investigate the situation.
Jackson said that IDFG has stepped in on special occasions when conditions are met to help save young wildlife. A few years ago, two moose calves were orphaned when the mother moose was hit by a car in southeast Idaho. In collaboration with Zoo Idaho in Pocatello, IDFG was able to transport the calves and locate a facility with the capacity to permanently and properly care for them.
She also said to beware of hiking with your dog, as mother moose and bear can see the dogs as threats to their children and may try to engage or charge. In that situation, it’s best to back up and move away.
“If you do have a concern about a situation you’re seeing, if you think it’s an orphaned animal, just give us a call,” Jackson said. “We deal with wildlife species here in the state of Idaho, and so it’s really under our purview to make those calls.”
She said most times, they’ll tell you to leave the animal where it is, and the mother will likely be back to take care of it, and is aware of its location. By putting it in a box and bringing it to Idaho Fish and Game, it removes the baby from its home and potentially from necessary parental care.
“They’re doing it because they love wildlife. They care about the animals, and they want what’s best for that animal,” Jackson said. “We like to tell them sometimes what’s best is leaving those animals right where they’re at.”
If you’re concerned about an animal situation, call the Southeast Idaho Regional Fish and Game office at 208-232-4703.
Idaho
Meet the candidates in Idaho’s biggest legislative primaries
The May 19 primary election will have a big impact on Idaho’s Legislature, with moderate and hardline Republicans facing off across the state.
Over the past two months, Idaho EdNews profiled 14 of the most significant races for education policy. Here they are in one place.
Follow our coverage on election night, with real-time results and breaking news updates. Click here for information on how to vote and find your sample ballot.
North Idaho
- Who is running: Three-term Sen. Jim Woodward, R-Sagle, faces a fourth primary election against Scott Herndon.
- Why it matters: This matchup is one of the most expensive primaries this year. Woodward is a “middle of the road” Republican who sits on the Joint Finance-Appropriations Committee. Herndon is a more hardline Republican who wants to eliminate property taxes.
- Who is running: Two-term Rep. Elaine Price, R-Coeur d’Alene, faces Christa Hazel for District 4 House Seat B.
- Why it matters: This race is a proxy fight in the war between the hardline Kootenai County Republican Central Committee (Price) and the moderate North Idaho Republicans (Hazel).
- Who is running: Three-term Sen. Dan Foreman, R-Moscow, faces Rep. Lori McCann, a Lewiston Republican who has left her seat in the House for a Senate run.
- Why it matters: Foreman is a hardline Republican who faced criticism from the right this year for holding in committee a bill to rein in teachers’ unions. McCann said she’s challenging him over his refusal to collaborate and communicate.
West Idaho
- Who is running: Four-term legislator Sen. Christy Zito faces a three-way primary with two former legislators in the district: former House Majority Leader Megan Blanksma and five-term Rep. Terry Gestrin.
- Why it matters: Zito is a member of the hardline Gang of Eight and sits on the Senate Education committee. Republicans in the House ousted Blanksma from leadership in 2024. She says Zito isn’t representing her district. Gestrin said he wants to get back into the Statehouse to solve problems for folks in the large, rural district.
- Who is running: First-term Sen. Camille Blaylock faces a rematch with retired Marine and former legislator Chris Trakel.
- Why it matters: Blaylock sponsored a $5 million high-needs fund for special education this year. Trakel sued the Idaho Home Learning Academy in 2025, claiming the virtual school discriminated against his constitutional right to free exercise of religion. A judge dismissed the suit.
- Who is running: Two young Democrats with backgrounds in education are running for the wide-open District 16 House Seat A. Megan Woller leads the Idaho Head Start Association and Jeffrey Watkins is a West Ada public school teacher and union rep.
- Why it matters: Watkins and Woller are running to replace Rep. Soñia Galaviz, a public school teacher and House Education member, in the reliably blue district. Woller said she has the diplomacy and negotiation skills to be a legislator. Watkins said Democrats need to be “incredibly vocal” in opposition to bills that harm Idahoans.
- Who is running: First-term legislator Rep. Chris Bruce, R-Kuna, faces a rematch with Melissa Durrant for District 23 House Seat A.
- Why it matters: School choice groups like the American Federation for Children are focusing on this race, supporting Bruce and opposing Durrant. Bruce believes state funding should follow the child whether they attend public, private or home schools. Durrant opposed an early version of the Parental Choice Tax Credit because there was no priority for lower income families.
Magic Valley
- Who is running: Two-term Sen. Glenneda Zuiderveld, R-Twin Falls, faces Twin Falls County Commissioner Brent Reinke.
- Why it matters: Zuiderveld is a prominent member of the hardline Gang of Eight and routinely opposes budget enhancements, including additional funding for the College of Southern Idaho. Reinke has decades of experience as a public servant and says Zuiderveld isn’t representing the district.
- Who is running: First-term Rep. Clint Hostetler, R-Twin Falls, faces attorney Alexandra Caval for District 24 House Seat A.
- Why it matters: In his first week as a legislator, Hostetler in 2025 introduced a $250 million private school tax credit bill. Caval said she hopes the primary election will be a “course correction” for the Magic Valley after Hostetler won two years ago.
East Idaho
- Who is running: Two-term Rep. Rick Cheatum faces a three-way rematch with day trader James Lamborn and Air Force veteran Mike Saville for District 28 House Seat A.
- Why it matters: Cheatum last year voted against the $50 million Parental Choice Tax Credit. Lamborn, a strong school choice supporter, said District 28 deserves a conservative, constitutional, Christian Republican. Saville has run for office as a Democrat, an independent and a Republican. He said he supports the country first, not the party.
- Who is running: First-term Rep. Ben Fuhriman faces a rematch with former legislator Julianne Young for District 30 House Seat B.
- Why it matters: Fuhriman sponsored the $5 million high-needs special education fund bill this year and opposed a bill to rein in teachers’ unions. Young is a social conservative who has worked on culture war bills, such as defining genders and prohibiting public funds for gender transition procedures.
- Who is running: Four-term Rep. Rod Furniss faces former legislator Karey Hanks for District 31 House Seat B.
- Why it matters: Furniss has worked on legislation to make it easier for districts to pass bonds and find funding to build schools. Hanks, a school bus driver, wants to get back into the Statehouse to protect children from the “woke” agenda. The two share similar views on social issues and support the transgender bathroom bill.
- Who is running: Four-term Rep. Barbara Ehardt faces a challenge from firefighter Connor Cook.
- Why it matters: Ehardt is a staunch social conservative who said the transgender community started the culture war, not the Idaho Legislature. Cook, a union member, says Idaho has “gone rogue” and is using social issues as a distraction from the budget.
- Who is running: First-term Rep. Mike Veile faces former legislator Chad Christensen in District 35 House Seat A.
- Why it matters: Veile, a former Soda Springs trustee, sits on the House Education Committee. He opposes private school tax credits and said Idaho doesn’t have enough funding to support multiple education systems. Christensen supports school choice and would like to explore school district consolidation.
Idaho
Idaho Supreme Court says new law could delay adoption, parental termination cases
A recent Idaho law could slow the process for some child custody disputes and even adoption cases, the Idaho Supreme Court found in a ruling this week.
The law, created in 2025 through Senate Bill 1181, means some Idaho parents who can’t afford legal representation won’t have state-provided defense attorneys in cases that could risk them permanently losing their kids, the court found.
In the opinion, the court alluded to an essentially unenforceable right to public defense in some parental rights termination cases brought by private parties, rather than the state Department of Health and Welfare. That’s because courts can’t require the state’s public defenders to represent parents in those privately brought cases, the Idaho Supreme Court found.
“This gap created by Senate Bill 1181 is vitally important matter that needs to be addressed by the Idaho Legislature. If constitutionally required representation cannot be provided in private termination cases, it will likely result in serious delays or even dismissals of cases affecting Idaho’s children and parents,” Chief Justice G. Richard Bevan wrote in the opinion published Tuesday. “It may mean that children awaiting adoption cannot be adopted.”
The decision comes more than a year after the Legislature passed the bill over the objections of child welfare attorneys, who warned about the bill’s impact on parents’ right to legal counsel. The bill was pitched as a way to control the workload of public defenders as the state overhauled its public defense system.
Attorney says this is the ‘conundrum’ she warned Idaho Legislature about
There are two ways parental rights termination cases can be brought: By the state — often initiated by a state Department of Health and Welfare, or by a private party, such as one parent wanting to end the rights of another parent.
For over 60 years, Idaho law gave parents deemed legally indigent — essentially those who can’t pay legal bills — and who were facing parental rights’ termination cases “with a categorical right to an attorney at public expense,” Bevan explained in the opinion.
But in 2025, he wrote all of that changed when the Legislature passed Senate Bill 1181.
The bill was meant to control the workloads of public defenders as the state consolidated public defense from counties into one statewide office. But at the time, two child welfare attorneys warned the law might inadvertently end the right to legal counsel in privately brought parental right termination cases, the Idaho Capital Sun reported.
One of the attorneys who testified on the bill, Mary Shea from Pocatello, said in an interview that the court described “exactly the conundrum” that she was trying to warn the Legislature about.
“It’s an invitation to the Legislature to fix this, and to provide some kind of a funding mechanism so that those private terminations and adoptions can continue to proceed,” she said. “Because we do have a shortage of attorneys in this state. It is very difficult for us to provide the low-income and pro bono needs for the entire state.”
Sen. Todd Lakey, a Nampa Republican who was the bill’s original sponsor, said in an interview that the Legislature could take up clarifications next year.
“I personally am reluctant to have the taxpayers fund legal costs in a private party termination,” Lakey said on Wednesday. “That said, I recognize that there is a certain situation where it’s constitutionally required, and I want to make sure we’re limiting the burden on the taxpayers to only those situations, where it’s fundamentally required constitutionally. I think as the court noted, that’s kind of a case by case basis, depending on the circumstances.”
Rep. Dustin Manwaring, a Pocatello Republican who also cosponsored the bill, said in an interview that he already has ideas for legislation to address that issue flagged in the ruling.
“When representation is appointed and is constitutionally required, then we need to clarify who’s picking up the tab for that. So, we will do that. And I will personally commit to taking that on and making sure we get that done,” he said.
How the Idaho Supreme Court ruled
The bill, Bevan wrote, requires the State Public Defender’s Office only to represent parents deemed legally indigent in parental rights’ termination cases brought by the state — not by private parties.
“That begs the question: if representation is constitutionally required in a private termination case, who would provide it?” Bevan asked.
Parents in private parental termination cases sometimes still have due process rights to public defense counsel, Bevan wrote, pointing to precedent in the U.S. Supreme Court. But since Idaho courts can no longer order the State Public Defender’s Office or counties to pay for that defense, he wrote that the courts effectively can’t appoint public legal representation in those cases.
“If neither the (State Public Defender’s Office) nor the counties can be required to provide representation, a private termination proceeding may fail to comply with the requirements of due process,” Bevan wrote. “The legislature has eliminated the options available to courts for appointment of counsel at public expense.”
Some parents who are entitled to representation won’t get it, he wrote.
“We have little doubt that, so long as the representation gap created by Senate Bill 1181 exists, at least some indigent parents who constitutionally require representation will not get it,” Bevan wrote.
Idaho State Public Defender Office spokesperson Patrick Orr said in a statement that the agency hasn’t been assigned any private termination cases since the court took up the case in October.
“Our view is the same now as it was last year. Our office provides indigent defense representation – and representation for parents in Child Protective Act cases where the state seeks to interfere with a parent-child relationship,” he said. But, he added, “we can’t provide legal representation in a private termination case.”
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