MY TURN: CLN trustees simply doing their best to implement law
The trustees are developing a new policy to meet the definitions of Idaho Code, Title 18 Crimes and Punishments, Chapter 15 Children and Vulnerable Adults, 17B Children’s School and Library Protection Act which took effect July 1. It is impossible to develop an accurate perception of their current discussions without reading the law. Below are excerpts from the law that clarify the definition of harmful to minors and the requirements for libraries. I have italicized the most pertinent parts for understanding why the trustees are discussing different methods of how to implement this law.
8-1517B. CHILDREN’S SCHOOL AND LIBRARY PROTECTION ACT.
(2) Notwithstanding any other provision of law, a school or public library, or an agent thereof, shall not promote, give, or make available to a minor:
(a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, or sadomasochistic abuse and that is harmful to minors;
(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording that contains any matter pursuant to paragraph (a) of this subsection or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and that, taken as a whole, is harmful to minors; or
(c) Any other material harmful to minors.
(3) Any minor who obtains material, or parent or legal guardian whose child obtained material, in violation of the provisions of subsection (2) of this section from a school or public library shall have a cause of action against such institution if:
(a) The institution gave or made available material harmful to minors, or the institution failed to take reasonable steps to restrict access by minors to material harmful to minors;
Sexual excitement and sexual conduct are clearly defined in Title 18 Crimes and Punishments, Chapter 15 Children and Vulnerable Adults. You can read the whole law here: https://legislature.idaho.gov/statutesrules/idstat/title18/t18ch15/sect18-1514/. Due to the grotesque language in the law, I have chosen not to post it verbatim.
In light of the explicit nature of this new law, it is easy to see why the trustees are discussing a range of methods to restrict access of adult material to adults only. There are many precedents to this same “adults only” access: adult websites are required to perform reasonable age verification in Idaho, as well as adult bookstores, cigarettes, alcohol, etc., which require an I.D. A small group of people have been very loud and critical about this new law applying to adult material access in libraries. They label it “book banning,” and accuse the trustees of “censoring.” This is not the case. Instead, as per the law, the new policy calls for the relocation of adult material that meets the statute, and that access to that material by minors be restricted.
THE TRUSTEES ARE SIMPLY OBEYING THE LAW. I have seen a lot of harsh criticism from a small group of people that don’t represent the majority of voters here. But I haven’t seen any constructive criticism on this policy discussion. Only constructive criticism will help the board solve the issues they are required by law to address. If citizens have any ideas on how trustees can implement this law effectively, protecting both our children and our libraries in the least invasive way possible, please share your thoughts at the next CLN Board meeting today at 2 p.m. at the Post Falls Library. Arrive early to make public comment. Or send them a message a https://communitylibrary.net/board/#board-contact.
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Heather Green is a Post Falls resident.