Reports: “Private Schools, Libraries Sue Idaho For Law Restricting ‘Harmful’ Materials”

From the Idaho Statesman

Private schools and privately funded libraries in Idaho sued state officials Thursday, challenging a controversial new law that allows community members to challenge library books they believe are “harmful” to children.

The lawsuit, filed in federal court in Boise, argued that the law reaches new heights of invasiveness by limiting the rights of parents and institutions to furnish youths with books.

“In addition to censoring materials in public schools and public libraries, Idaho’s book banning law is the first in the nation to reach into nongovernmental institutions — like private schools, and even church libraries,” the plaintiffs, which include private schools and libraries in Ketchum and in Boise, said in an emailed statement.

“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.”

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House Bill 710 — which took effect July 1 and was signed into law by Governor Brad Little in April —allows citizens and the government to file a lawsuit against any school or library that doesn’t relocate problematic material into designated “adult only” sections within 60 days of a complaint.

“H.B. 710 is the product of a social climate in Idaho (and elsewhere) in which schools and libraries have been inaccurately and unfairly castigated and villainized for using and making available constitutionally protected materials with content that the State and some Idahoans disapprove of,” the plaintiffs say in the 57-page complaint.

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The plaintiffs name Idaho Attorney General Raúl Labrador as a defendant, alongside Jan Bennetts, prosecuting attorney for Ada County, and Matt Fredrick, prosecuting attorney for Blaine County.

HB 710 is not the first time Idaho legislators have attempted to restrict library access in the state. A version of the measure made it through the 2023 session but was rejected by Little.

In a letter following HB 710 signing, the governor commended the 2024 bill for having tighter definitions of the restricted material and for lowering the damage recovery down from $2,500.

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More Coverage

• From The Idaho Capital Sun: New Lawsuit Seeks to Stop Enforcement of Idaho Library Materials Bill

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