Librarians alarmed by Idaho bills

A bill the Idaho Legislature passed Thursday evening is worrying librarians, some of whom may resign or find work across the state’s border after its implementation.

The Idaho Senate passed a bill that will change the way minors access materials within libraries throughout the state. House Bill 314, along with two other pieces of legislation, will limit resources minors can access and possibly criminalize librarians who check out items deemed “harmful” by parents.

Chris Sokol, director of the Latah County Library District, said all seven libraries throughout the county could close for a few weeks as the board needs time to create new policies to fit within the bill. She added the closures and bill would affect many readers within Latah, as the district’s busiest time of year is in the summer when the bill would be implemented.

“We’ve never been confronted with anything like this before,” said Sokol. “I’ve worked in libraries for decades, and this totally turns everything on its head.”

House Bill 314 was passed, and Senate Bill 1187 and Senate Bill 1188 are soon to be discussed. These pieces of legislation, also referred to as library bills, will change the way all libraries in Idaho would operate. The bills allow a parent or guardian of a minor to sue librarians if their child checked out material deemed harmful, according to HB 314.

Harmful materials or performances are defined in the bill as “in whatever form, of nudity, sexual conduct, sexual excitement, or as sado-masochistic abuse which they are patently offensive to prevailing standards in the adult community.”

Under the bill, library boards or school districts could be sued for up to $2,500 if a minor obtained harmful materials and the institution didn’t take “reasonable steps” to restrict their access. And, librarians could face a criminal penalty of up to a year in prison for checking out harmful materials to anyone under 18 if SB 1187 is passed. These bills will be implemented July 1.

Both Sokol and Lewiston City Library Director Lynn Johnson said they’ve had discussions with their staff who may resign or work outside of Idaho because of the legislation. Sokol said she anticipates a loss of staff after the implementation of the bills.

“Who would stay?” said Sokol. “It removes the motivation and fun from the job.”

Faye Nagler, librarian at Moscow Elementary School, said the people proposing the bills haven’t been in a school library or public library in a very long time. She added if they did, they would see the variety of “good” materials and steps school libraries take to monitor what kids are consuming.

“I think this is a knee-jerk reaction,” said Nagler. “From people who really don’t know, or are kind of looking for some way to control something when they probably don’t have a good understanding of what we are really doing. We’re just trying to teach your kids how to read, or at least until they get in the third grade. They’re basically learning to read and it’s not until after third grade they start to read to learn.”

Sokol said the bills may take away parents’ autonomy and ultimate say in what their child consumes. She added it infringes on minors’ parents because libraries may not have certain materials their child could request, or let their kids go to the library on their own.

“House Bill 314 certainly restricts first amendment rights and the rights of parents, caregivers and the rights of everyone,” Sokol said.

Johnson said these library bills have a greater effect than just their library. It affects the state’s entire consortium as materials are moved throughout libraries in Idaho, as well as other services libraries provide. She added the bills pose a First Amendment issue, as the state legislature could determine materials provided in its collection.

“It has myself and a lot of my staff, especially those in these services departments, very nervous,” said Johnson. “It’s really concerning to all of us involved.”

Libraries across Idaho have begun to brainstorm policies and procedures in case the bills are passed. Sokol said the bills don’t just affect books in their collection, but also online services like eBooks, audio books and streaming services libraries provide.

Sokol said their streaming service Kanopy, popular among library patrons, may be shut down because libraries can’t monitor what minors may be accessing. She added they may give minors a special library card to prevent them from logging into the service. They may also make sure minors are accompanied by a parent or guardian while entering the library.

Johnson said they may implement a policy that children must be accompanied by a guardian while checking out material. She added their service Libby, used to provide eBooks and audio books to library patrons, may not be an option for children as the library can’t monitor materials they are accessing.

Both Latah County Libraries and the Lewiston City Library have not decided to remove or move any materials within their collection. No decisions to create or edit policies in libraries have been made. Library personnel and the board will discuss future plans once more information is available.

The Daily News reached out to Grangeville Centennial Library and libraries at Moscow High School, which chose not to comment.

Pearce can be reached at epearce@dnews.com