A proposal curtailing minors' access to certain public library materials passed an Iowa House subcommittee Thursday, with supporters claiming the bill will protect children from accessing explicit content.
Opponents called the bill a form of censorship. They said it would be difficult to implement and would likely draw libraries and cities into costly lawsuits.
Under the bill (HF 2309), kids and teens would need yearly parental consent to check out public library materials deemed “harmful to minors." That would include books and other content depicting a wide range of sex acts that could be considered offensive, and that taken as a whole, lack "literary, artistic, political or scientific value for minors."
Library workers —including volunteers — could be criminally charged for letting a minor have access to restricted content if they know the parent has not granted consent or if they try to circumvent consent requirements. Additionally, the bill allows parents to sue a library, a public library board of trustees or library employees who violate the restrictions within two years of an alleged violation.
Sam Helmick, an Iowa City librarian and president of the American Library Association, said the the proposal could lead to costly litigation, like an earlier law that bans books depicting sex acts in school libraries.
"You are eroding the very foundation of local trust and community conscience," Helmick said. "Iowans are conscientious. Iowans know how to raise their families in libraries without government intervention."
Public libraries would have to classify their collections as "general access" or "harmful to minors." Restricted material would be relegated to an adult section physically separated from sections designated for children and young adults. The section wouldn't be accessible to minors who aren't accompanied by an adult or who don't have parental consent.
Libraries would also have to indicate in their catalogs which books are deemed "harmful to minors" and would alert library staff when a minor without parental consent tries to access restricted materials.
Speaking for the Iowa Library Association, Leslie Noble said implementing the restrictions would strain tight budgets and staff time in some communities.
"Compliance with this bill may all but be impossible without restricting minors' access to library collections altogether. This would result in reduced services to families and young people," she said.
Noble said library liability could make municipal insurance costly or difficult to obtain and deter people from working in libraries. Library boards, cities and counties would be "vicariously liable" for violations committed by library employees.
Chelsea Hoye, a lobbyist for the Iowa League of Cities, also raised concerns over costly lawsuits that could drain taxpayer dollars.
"Even with the good faith defense, the risk of litigation alone could be very crippling for our small town libraries," Hoye said.
Supporters say bill protects minors
Speakers in support of the proposal said the bill is needed to draw clear distinctions between the content minors and adults can access at libraries.
"Parents absolutely play a central role, but institutions also carry responsibility," said Terri Hubbard, a board member at the Sioux Center Public Library. "If parents are expected to be informed, it's reasonable to expect trained professionals who already rely on reviews and summaries to use those same tools to make age appropriate placement decisions."
Hubbard was appointed by the governor to serve on Iowa’s library advisory board.
According to Sioux Center News, last year a parent in Sioux Center asked for a book to be pulled from library shelves due to sexual content. Hubbard was the only board member to vote in support of pulling the book. The Board later approved an optional tiered card system for minors in December.
"When we explored implementing reasonable safeguards, we were warned that doing so could jeopardize accreditation, because open access is treated as the default standard," Hubbard said. "That places local boards in a difficult position when trying to protect children, and the Sioux Center Board President has repeatedly asked that this issue be handled at the state level."
Proposal heads to committee
Rep. Samantha Fett, R-Carlisle, voted to advance the legislation, alongside Rep. Charley Thomson, R-Charles City. Fett argued the bill wouldn't be put any additional costs on libraries since they already have separate children, young adult and adult sections.
"This is just a way for parents to have some trust in their local public libraries that when those children walk into the library, whether they're on a field trip with school, whether they're with their parents or not with their parents, that they're not going to be exposed to explicit materials," she said.
Rep. Megan Srinivas, D-Des Moines, voted against the bill.
The bill would also remove part of an exemption in Iowa Code saying the state’s obscenity laws can’t prohibit the use of any materials at a public library. It modifies another part of the exemption section to include parental consent for a minor.
The bill next heads to the House Judiciary Committee.
