Libraries across Idaho are starting to age-restrict entry due to a recent state bill taking effect July 1. Idaho House Bill 710 (HB 710) has made it easier for parents and guardians to file complaints against libraries for providing “obscene” materials.
On April 10, Brad Little signed HB 710 into law. The bill amended Chapter 15, Section 18 of Idaho Code, which defined terms regarding obscenity in libraries. According to the bill, public libraries “shall not promote, give, or make available” obscene materials to minors. This allows parents and guardians an easy avenue to a cause of action against libraries.
When a written notice of complaint is filed against the library, the institution has 30 days to relocate the material to an adult-only section. If they fail to do so, the parent or guardian is entitled to $250 in statutory damages alongside further relief for additional damages.
The library could defend itself only if it had been shown an official document from the child showing that the child was 18 or if a legal guardian had accompanied the child.
Because of the potential dangers of keeping libraries open, Idaho libraries have started ensuring they can avoid complaints where they can. Already, libraries are taking action to protect themselves.
Donnelly Public Library could not comply with HB 710 due to its small size, budget, and lack of an attorney. A statement from the library on Facebook shared that they would be unable to move “inappropriate” materials to adult-only sections because their building is so small—only 1024 square feet. Though the library has age-related sections, its proximity would not shield adult books from the children’s section.
Their solution: make the whole library adult-only.
They remain “committed to continuing to serve the children of Donnelly,” but ultimately they acknowledge “because of size we have to protect our staff, our library and our taxpayer money.”
The library assures that “the children in [after-school programs] will be able to sign a programming waiver,” considering its position as a community center for children’s programs.
Donnelly Public Library claims half of its profits come from its after-school programs. This drastic change due to HB 710 will affect children and parents alike, especially homeschooled children and families unable to monitor their kids due to work demands.
”This change is painful and not what we had hoped for at all,” the library’s Facebook post says. They encourage patrons to consider donating to the Donnelly Public Library Building Fund. This fund would go towards expanding the library so they may be able to comply with HB 710 and remove age restrictions one day.
The effects of HB 710 do not end there. A sign posted in the Idaho Falls Public Library also demonstrates attempts to ensure library safety from potentially ruining complaints.
The sign alerts patrons to provide an ID for those under 30, have an “unrestricted” library card that parents/guardians can sign off for their children, or be accompanied by a parent/guardian that must sign an affidavit every time they enter the library.
As libraries across Idaho work to comply with HB 710, online discussion has sparked regarding library responses. Despite the worry caused by the bill, Idaho libraries are doing what they can to continue to act as community staples for children and adults alike.
Victoria Kingsmore can be reached at [email protected]