In Preston, the Larsen-Sant Public Library’s colorful books line the shelves of its children’s book section, accompanied by stuffed animals, like a large purple octopus above the shelves. (Kyle Pfannenstiel/Idaho Capital Sun)
A federal judge has denied an Idaho coalition’s request to stop the enforcement of House Bill 710 — a law that took effect in July requiring Idaho public libraries to relocate items that visitors deem harmful to children or risk facing legal action.
The same month the law took effect, a coalition of private Idaho schools, privately-funded libraries and parents sued Idaho officials to stop the enforcement of the library law, alleging the law violates the First Amendment rights of private schools and libraries and 14th Amendment protections for the fundamental liberty interest of parents. But Judge Amanda Brailsford on Tuesday denied the plaintiffs’ request to block its enforcement, and she dismissed some of the plaintiffs from the case.
This case is one of two lawsuits related to House Bill 710, a highly controversial law that took effect after years of attempts from the Idaho Legislature to restrict access to library materials — particularly as they relate to sex education, LGBTQ+ people and diverse communities. These efforts have led librarians to consider leaving Idaho, and it even led at least one rural library to adopt an adults-only policy.
There were 11 original plaintiffs in the case; however, Tuesday’s decision dismissed eight of them, including four parents and their two children, and two libraries that do not receive public funds, including the Community Library Association and Collister United Methodist Church. The remaining plaintiffs include the Northwest Association of Independent Schools, Sun Valley Community School and the Boise-based Foothills School of Arts and Sciences.
Recap of House Bill 710
House Bill 710 codified the process that libraries must follow when receiving complaints from adult visitors who believe an item is harmful to minors.
Any adult or minor who believes a library item is harmful to minors can provide a written notice to the school or public library asking for its relocation. The library board has 60 days to review the complaint. If the item is deemed harmful to minors, the library must relocate it to an area accessible by adults only.
If the library does not relocate the item within the given time frame, then the individual may sue the library and recover at least $250.
Court finds plaintiffs unlikely to succeed
The plaintiffs alleged the law is overbroad in violation of the First Amendment and vague under the 14th Amendment. The court found the plaintiffs are unlikely to succeed on the merits of those claims and they also fail to show they are likely to suffer irreparable harm while the law is in place.
“The Court does not question the genuineness of Plaintiffs’ concerns raised in their affidavits,” Brailsford wrote. “Schools and public libraries are often pillars of our communities and formative in many of our lives. Regardless, Plaintiffs have yet to show irreparable harm that justifies a preliminary injunction.”
New lawsuit seeks to stop enforcement of Idaho library materials bill
Brailsford found that the parent plaintiffs do not have standing because the law is not directed at regulating parental decisions.
“H.B. 710 does not prohibit a child, parent, or legal guardian’s conduct and does not contain any enforcement provision applicable to them,” Brailsford wrote. “Rather, the statute only prohibits the conduct of schools and public libraries and only provides for the enforcement of a violation against schools and public libraries.”
Likewise, Brailsford said the two libraries in the lawsuit do not have standing because they are not public libraries. While they are open to the public, the Community Library, located in Ketchum, and the Collister United Methodist Church library, in Boise, do not receive public funds and are not subject to the law.
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