Idaho libraries must move materials deemed harmful to children, or face lawsuits, under new law • Idaho Capital Sun

Idaho Gov. Brad Little signed into law a bill to require Idaho public and school libraries to move materials deemed harmful to children, or face lawsuits.

House Bill 710, backed by Republican legislative leaders, follows years of attempts by the Idaho Legislature to regulate materials deemed harmful to children in Idaho libraries. 

Little’s office received 2,227 calls and 4,923 emails against the bill, and 1,297 calls and 2,954 emails in favor of the bill, said Madison Hardy, Little’s spokesperson. 

“I share the cosponsors’ desire to keep truly inappropriate library materials out of the hands of minors. That said, I still believe a greater harm confronts our children — content accessible to them on their phones and devices,” Little wrote in a letter to lawmakers Wednesday after he signed the bill. 

Little wrote that he will be watching the implementation and outcomes of the law “very closely.”

The Idaho Family Policy Center, a conservative Christian group that has spearheaded library-related legislation, said in a news release Wednesday that the bill “largely utilizes model language that was drafted by Idaho Family Policy Center last year.” The center said it is “directly responsible for mobilizing” more than 3,000 Idahans to contact Little’s office in support of the legislation over the past week.

The Idaho Library Association, which represents more than 260 librarians statewide, said it was “so disappointed.”

“We will continue our efforts in supporting all libraries and their communities moving forward. Please check on your librarians,” the group said in its post on X.

House Bill 710 lets children or their parents file a legal claim against a public or school library if they obtain materials deemed harmful to minors. 

That’s if libraries don’t move materials within 60 days of receiving a request to relocate the material “to a section designated for adults only.” Children or parents could receive $250 in statutory damages, along with actual damages and other relief, such as injunctive relief, under the law.

Some librarians have called the bill unneeded, telling lawmakers in a House committee this year that local library relocation policies handle community complaints, while others worried it would strain libraries.

The law takes effect July 1.

Idaho librarians contemplate leaving work — and the state — as a result of proposed legislation

Most Idahoans — 69% — trust library staff with book selection, while 23% of Idahoans do not, according to this year’s Idaho Public Policy Survey. More than half of Idaho librarians are considering leaving library work as a result of library-related legislation, according to an informal survey conducted by the Idaho Library Association.

The Idaho Senate passed the bill in a 24-11 vote last week. The Idaho House, after a tense debate, passed the original version of House Bill 710 in March. The Idaho House passed the amended bill on a 45-24 vote last week.

The Senate late last month amended the bill to extend the deadline to move materials from 30 to 60 days, and require libraries to have a relocation policy.

In 2022, a bill that critics said could lead to librarians being prosecuted for checking out materials deemed harmful to minors passed the Idaho House, but did not advance in the Idaho Senate. And last year, Little vetoed a bill that would have allowed parents to sue libraries or schools for up to $2,500 in statutory damages if they provided “harmful materials” to minors.

Little, in his letter to lawmakers, said the new bill addresses most but not all of the concerns Little raised in a letter after he vetoed a bill last year. He pointed to the bill’s reduced damages and that the bill allows “a fair opportunity for local libraries to avoid legal action and fees.”

Little said he was proud to sign House Bill 498 this year, which requires age verification on pornography websites. He said the bill was “a good start.”

“I was disappointed the Legislature passed up an opportunity to advance meaningful legislation to truly protect children from the harms of social media, as I called on this body to do during my State of the State and Budget Address in January,” Little wrote.

House Bill 710 relies on Idaho’s existing definition of materials harmful to minors, which includes “any act of … homosexuality” under its definition of sexual conduct. 

The bill also amends Idaho’s legal definition of materials harmful to minors. One of those amendments adds a definition of schools that includes “any public and private school” that provides K-12 instruction.

Under the bill, a county prosecuting attorney or attorney general would have cause of action for “injunctive relief against any school or public library” that violates the bill’s ban on promoting, giving or making available to children material that’s considered harmful to minors.

The bill requires libraries to have a form for people to request review of materials.

The bill outlines two affirmative defenses to civil causes of action: A reasonable cause to believe that the minor was at least age 18, like a driver’s license; or verification that the minor was accompanied by a parent or legal guardian.