BOISE, Idaho — The debate over what and where library materials are offered to minors is reaching renewed momentum in Idaho's statehouse. Legislators aren't giving up on giving families more say on what's on the shelves.
On Wednesday, Idaho's House voted 47-23 to pass HB 710, which includes restrictions on what content can be made to children under 18 and allows guardians a pathway to request materials be removed from the children and young adult sections.
It's an argument one North Idaho sheriff has been vocal about for more than a year.
Kootenai County Sheriff Bob Norris visited some of the area's libraries in April 2023; the sheriff's office provided KREM 2 News body camera video of his visit to Hayden's library where he checked up on what kids are able to check out.
"Curious and would like to document this visit," he said in the edited April video, which blurred identifying information of library patrons and a woman who guides Norris on his perusal of library shelves.
At one point in the video, she mentions she's part of a group called "Clean Books for Kids," which has been "raising a stink" about certain library materials for more than a year.
During the 51 minute video, the woman points out several items and themes she says raise concerns, including books and past displays (she tells Norris she's taken photos) of books dealing with drug use, witchcraft and "demonology," and sexual content.
The pair spends several minutes pulling books from the young adult shelves, Norris commenting how he assumed the materials would be in an area separated from the general collection.
"I remember going to the library, when I was growing up, they would have an area for 18 and over," he said.
Since last year, Sheriff Norris has fought to move what he deems sexually explicit materials to an adult section. He took issue with two books he said community members have raised complaints about. In the video, he asks multiple times about the novel "Identical," which the woman says has been checked out of Hayden's inventory.
House Bill 710 would open up a complaint process for material available to children and teens; people could request the items be moved if they're considered "harmful to minors."
The legislation doesn't require libraries to do anything with those requests, but if the item isn't relocated within 30 days, a family could sue for $250.
"This is a local government issue. It's overreach by the state government," Rep. Dan Garner argued Wednesday.
"There are times where local control happens and we don't have to make it a statewide problem. But, when you have multiple counties, multiple cities coming forward with the same problem, that's when the state has to step in," Rep. Jaron Crane, the bill's sponsor, responded.
The bill also says school and public libraries must limit what content is available to children under 18, meaning nothing depicting nudity, sexual content, or any other material that's "harmful to minors."
Sheriff Norris looked at text and graphic novels during his visit to Hayden's library.
"There's nothing blatant in here, blatantly sexual," the concerned citizen tells him at one point, holding out a copy of a graphic novel. "This is a very intentionally androgynous character. All the girls fawn for him in the beginning of the book but it's made clear he prefers boys."
Under HB710, the definition of sexual content includes any act of homosexuality.
It's far from the first time Idaho lawmakers have tried to pass regulations on library material. In fact, some previous failed legislation was much stricter.
Last year the legislature passed a bill that would've allowed people to sue libraries $2,500 if children got access to so-called sexually explicit materials; Gov. Brad Little vetoed it, calling it too ambiguous.
Another bill that failed to pass in 2022, HB 666, would've criminalized librarians who checked out books thought to be obscene or harmful to minors, including fines and jail time.
"I can tell you, if this doesn't pass, we're going back to that bill," said Rep. Brent Crane, R-Nampa. "This issue is going to get solved one way or another. You better pick which one you like."
House Bill 710 now makes its way to the Idaho Senate.
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