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New lawsuit seeks to stop enforcement of Idaho library materials bill • Idaho Capital Sun

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New lawsuit seeks to stop enforcement of Idaho library materials bill • Idaho Capital Sun


A group of lawyers on behalf of private Idaho schools, privately-funded public libraries, parents and their children have sued Idaho officials in federal court to stop the enforcement of House Bill 710, a law that codified the process libraries must follow if a patron were to deem a material harmful to children. 

House Bill 710 was signed into law after years of attempts from the Idaho Legislature to restrict library material access. It took effect on July 1. 

Under the new legislation, students, parents and legal guardians can fill out a written notice asking libraries to relocate a library item that they deem “harmful” to an area with adult access only. If a library fails to relocate the item within 60 days of receiving the relocation request, then one could sue the library for $250, as well as “actual damages and any other relief.”

According to House Bill 710, a “school” means any public or private school providing instruction for students in kindergarten through grade 12. 

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The plaintiffs include the Northwest Association of Independent Schools, Sun Valley Community School, Foothills School of Arts and Sciences, the Community Library Association and Collister United Methodist Church, and four parent plaintiffs and two of their children. 

“Our coalition of independent schools, libraries, parents, students, and patrons is challenging this unprecedented government interference because it threatens the independence and core missions of our beloved community institutions across the state,” the plaintiffs wrote in a statement to the Sun. 

The suit alleges the law violates the First Amendment rights of private schools and libraries and 14th Amendment protections for the fundamental liberty interest of parents. 

The defendants named in the suit include Idaho Attorney General Raúl Labrador, Ada County Prosecutor Jan Bennetts and Blaine County Prosecutor Matt Fredback.

McKay Cunningham, an Idaho lawyer representing the plaintiffs, told the Sun that parents have a fundamental right to direct the education of their children under the U.S. Constitution. 

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“This fundamental right is no less true in Idaho despite the Idaho Legislature’s attempt to substitute its judgment for that of Idaho parents,” he said. “Our coalition of plaintiffs seeks to restore this right to its constitutional origins – Idaho parents.” 

About the plaintiffs: A coalition of private schools, libraries, and parents

There are 11 plaintiff parties in this case, with three of them representing private school entities. 

‘We are not getting rid of books’: How libraries across Idaho are implementing new materials law

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The Northwest Association of Independent Schools is a nonprofit organization of private schools based in the Northwest and Canada. Its members in Idaho include the other plaintiffs, Sun Valley Community School and Foothills School of Arts and Sciences. 

Sun Valley Community School serves pre-kindergarten to 12th grade to youth in Sun Valley. The Foothills School of Arts and Sciences is based in Boise, and it offers education to pre-kindergarten through ninth grade. 

According to the lawsuit, the private school entities named in the lawsuit “make available to its students certain constitutionally protected, non-obscene materials that contain content described in (House Bill 710) that the Defendants and/or some Idahoans may find subjectively offensive, and that may therefore fall within the scope of H.B. 710’s prohibition.”  

The fourth plaintiff includes The Community Library in Ketchum. The library is privately-funded, and any member of the public with a picture identification can sign up for a library card. According to the lawsuit, nearly 5,000 people from Idaho, nearly every state, and abroad hold library cards from the library. Because it is open to any member of the public, the library considers itself subject to House Bill 710. 

The fifth plaintiff includes Collister United Methodist Church based in Boise. According to the lawsuit, the church is a Reconciling Ministry, meaning it is committed to achieving LGBTQ+ justice and inclusion in their churches. To further that goal, the church opened a lending library focused on books about LGBTQ+ people and topics for children and adults. Because any member of the public can borrow books from the church’s library, the church also believes it is subject to House Bill 710. 

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The next four plaintiffs are parents of minors. Two of them, Matthew Podolsky and Jeremy Wallace, are based in Boise. The two others, Mary Hollis Zimmer and Christina Leidecker, are based in Hailey. 

Wallace and Leidecker’s two children are also plaintiffs named in the lawsuit using abbreviations to protect their identity. 

Carey Dunne, a lawyer with Free + Fair Litigation Group representing the plaintiffs, said in a statement to the Sun that Idaho lawmakers are engaged in an unprecedented and “wildly unconstitutional” attempt to control speech in private institutions. 

“Our coalition of schools, libraries, parents and students is asking the court to stop this government overreach before the first bell rings on the new school year – and before other states even think about following suit,” Dunne said. “A healthy democracy depends on vibrant, independent, private institutions. This new, dark turn for state censorship in America cannot stand.”

Bill sponsor Rep. Jaron Crane, R-Nampa, previously said that library legislation would not cause a book ban or financially strain Idaho libraries. 

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Bill cosponsor, Sen. Cindy Carlson, R-Riggins, previously told the Sun that the intention of the bill was to “protect the innocent minds of underage children.”

1 – Complaint for Injunctive and Declaratory Relief_NWAIS



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Southwest Idaho Health District votes to remove the Covid-19 vaccine

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Southwest Idaho Health District votes to remove the Covid-19 vaccine


NAMPA, Idaho — In October, the Southwest Idaho Health District voted 4-3 to remove the COVID-19 vaccines from its facilities. So, what does this mean to the residents in their six-county district?

  • Southwest Idaho Health District votes to remove COVID-19 vaccines.
  • Board Chair Kelly Aberasturi explains his view on vote.

(Below is the transcript from the broadcast story)

Owyhee County Commissioner Kelly Aberasturi was one of the three who voted to continue providing vaccines because he feels taking the shot or not is an individual choice, and that the District shouldn’t get in the way of that. “I voted against it but not that I believe in the shot but because I believe it’s individual rights who can make their own decision.”

I asked Aberasturi what the discussion was like before they took the vote. “A couple of the commissioners are pretty conservative, and they just didn’t think that they should be giving out a vaccine that has negative effects on some certain individuals.”

To be clear, the CDC recommends everyone over six months get an updated COVID-19 vaccines and emphasizes they are safe. So where can you go to get one if you are in the Southwest District? I reached out to the Central District Health and they told me anyone can visit their Boise clinic by scheduling an appointment for their immunizations — no matter where they live or work. They accept most insurance and have options for those under-insured or uninsured. They won’t turn anyone away based on where they live.

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The F.D.A.’s top vaccine official urges everyone eligible to get immunized.





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Obituary for Alton Herman Erickson at Eckersell Funeral Home

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Obituary for Alton Herman Erickson at Eckersell Funeral Home


To view the funeral for Skinny click here Alton Herman Erickson, fondly known to all as Skinny, was called home on November 16th, 2024 to the welcoming arms of his Heavenly Father. We are sure he was met by his parents, his older brother, and the infamous members of the



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Bruins’ Cronin Expresses Blunt Thoughts on Win Over Idaho State

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Bruins’ Cronin Expresses Blunt Thoughts on Win Over Idaho State


The UCLA Bruins (4-1) have continued their hot hand on home court this season, staying undefeated at Pauley Pavilion with an 84-70 win over Idaho State on Wednesday night.

Coach Mick Cronin spoke postgame and was quite pleased with the majority of the game but not how his team finished.

“I thought for 30 minutes we played great, then we got up 28 and a bunch of guys were selfish,” Cronin said. “Their mind wasn’t on defense, just try to get a steal, get a layup, go down the other end, try to get mine. We became everything I despise in the last 10 minutes, but the first 30 minutes we were great.”

The Bruins likely should have won this game by way more than 14 points, but a lackluster performance down the stretch led to a much closer ballgame than projected. Cronin knows his team took their pedal off the gas and was very honest in his response to the performance.

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Cronin is a straight-shooter in terms of coaching his team. He does it for the love of his players and the hunger to be great. He is not solely focused on winning conference titles and championships. Instead, he wants his guys to learn the game the right way and be ready for the next level.

“I always go in there and tell them the truth,” Cronin said. “Look at the second-half defensive stats, look at their offensive stats in the second half. Most of it is after we got up 28, which we were up 28 with 10:24 left in the game. ‘I got to get my stats,’ they actually think that matters when it doesn’t matter. No scout gives a damn about your stats, they’re watching the game, they’re watching how you warm up, they’re watching how you act, they’re watching how you compete. They’re not watching your stats, it’s comical. They’re watching your turnovers, your assists, your defense, your decisions, your shooting percentage, they could care less how many points you average.”

The Bruins’ leading scorer in the win was sophomore Sebastian Mack, who finished with 21 points and was 15-16 from the free-throw line. He only made three field goals and the rest of his scoring was produced at the charity stripe due to his ability to get to the rim and get fouled.

Cronin was pleased with how Mack has developed in just a few games this season. After an ugly performance in the loss to New Mexico, Mack has stepped his game up tenfold with three straight games with double-digit scoring and limited turnovers.

“He [Mack] got 16 free throws; again, I think some of that was the other guys — teammates made some shots which helped,” Cronin said. “But he’s just really improving in his pace, in his decision-making. I told him at halftime, I said, ‘I think they’re going to really pack the paint on you in the second half.’ As soon as I went to say it to him, he goes, ‘I know what’s coming.’ He’s a sophomore, he’s getting better, he’s shooting a high percentage. I’ve always loved his toughness, he’s a bright spot for us.”

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The Bruins will get back at it on Friday night when they host Cal State Fullerton (1-4). They have just two more non-conference home games left before they start Big Ten play at Pauley Pavilion against the Washington Huskies. Cronin will continue to improve his guys before the real tests start.

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