New lawsuit seeks to stop enforcement of Idaho library materials bill

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 is defined as any public or private school providing instruction for students in kindergarten through grade 12. 

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. 

Morgan MaGill, communications manager for Idaho Family Policy Center, which helped draft language for HB 710, said in a statement: "The Children’s School and Library Protection Act is common sense — simply requiring that schools and libraries take reasonable steps to restrict children’s access to materials that are obscene for minors. The schools, churches and parents who filed the legal challenge today should be embarrassed. Most of their claims are baseless and easily refuted. As the U.S. Supreme Court has repeatedly recognized, states have a compelling interest in protecting children from school and library materials that are obscene."

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. 

“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.”

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The Coeur d'Alene Press contributed to this report.