Bills targeting library operations die in Alabama Legislature
Books in the young adult section of the Ozark - Dale County Library on Wednesday, Aug. 30, 2023 in Ozark, Ala. Two bills -- one that could have subjected librarians to obscenity prosecutions and one that would have allow city or county governments to remove library board members failed to move in the Alabama Legislature's recently-concluded 2025 regular session. (Stew Milne for Alabama Reflector)
The battles over library content continue throughout Alabama. But two bills that could have affected how libraries operate failed to move in the Legislature's 2025 session.
One measure, HB 4, would have applied state obscenity laws to public libraries and their employees if there were materials judged to be obscene in the children's section. The other, SB 6, would have allowed cities and counties to terminate members of the library boards without cause.
The battles over library books began in Alabama in 2023, after a parent using the Autauga-Prattville Library complained about a book in the children's section that had inclusive pronouns. Similar fights have erupted all over the state. Supporters of restrictions say they are trying to get obscene material out of children's sections of the library. Critics say those restrictions target books with LGBTQ+ characters and themes and not necessarily obscene books.
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'Our devoted and beleaguered librarians will not have to worry about being handcuffed and jailed for refusing to censor books under House Bill 4, the 'Jail the Librarians bill,' which never made it out of its House Committee,' said Read Freely Alabama, a group that opposes new library restrictions, in a statement shortly after the 2025 legislative session ended. 'Furthermore, the bill which would have politicized our library boards even more (SB 6) once again died before making it to the Senate floor.'
Multiple messages seeking comment were left with Rep. Arnold Mooney, R-Indian Springs, the sponsor of HB 4, and Sen. Chris Elliott, R-Josephine, the sponsor of SB 6.
Amy Minton, a member of the Alabama Public Library Service (APLS) Board and an advocate of additional restrictions on library content, said in an interview that she was 'a little surprised that people get so upset about the obscenity or sexually explicit materials.'
'If they don't have it in the library, why do they get so upset about them being asked to be moved, whether through a law or policy?' she said.
HB 4 would have amended the state's obscenity laws to make public libraries and librarians criminally liable for making materials that are sexually explicit or harmful to minors available.
The legislation would have allowed residents served by the library to file a notice with the staff that they believe there are sexually explicit or inappropriate materials found in sections of the library dedicated to minors.
Libraries would then have to relocate the materials to the adult section or remove them entirely. They can also notify the public that they have determined the item is in the appropriate section, which any resident can then challenge.
Noncompliance would have subjected librarians to prosecution under Alabama obscenity laws, which can be as severe as a Class B felony, punishable by up to 20 years in prison and a $30,000 fine.
SB 6 would have mandated that library board members be appointed to a four-year term and that members could be removed from the board with a two-thirds of the members of the governing body, either the city or county, agree by vote.
The House Judiciary Committee never considered HB 4. SB 6 got approval from the Senate County and Municipal Government Committee, which Elliott chairs, but did not come to a vote on the Senate floor.
Mooney's obscenity bill was approved further along in the 2024 session, receiving approval from members of the House and even getting approved in the Senate Children and Youth Health Committee before it stalled in the Senate. Elliott's legislation was approved in the Senate and the House County and Municipal Government Committee where it remained as the session ended.
Advocates of restrictions have succeeded in convincing the Alabama Public Library Service, the state agency that oversees local library funding, to impose policy changes that favor more restrictions.
In March, the APLS Board suspended funding to the Fairhope Public Library in Baldwin County while also voting to have Pack terminated after Minton made a motion. Supporters of the library raised money to replace the lost funding and defended the library at city council and APLS meetings.
Alabama GOP chair John Wahl, who currently serves as chair of the APLS Board, said at a meeting earlier this month that members are waiting for the Fairhope Public Library to complete its review of the books that parents challenged before resuming funding to the library.
'We know that the fight isn't over. As we speak, a stacked and extreme Alabama Public Library Service board continues its assault on libraries, stripping funding from those who will not cave to their demands,' Read Freely Alabama said in the statement. 'And even today, as this session closes, opposing forces are already crafting legislation for a chosen representative to prefile, and are regrouping to continue their assault on our freedoms and beloved public institutions at the next legislative session.'
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