Alabama Bill Would Criminalize Librarians Who Allow ‘Material Harmful to Minors’
Under a new bill working through the Alabama Legislature, public librarians could soon face prosecution for providing minors with “harmful” materials. Critics say that the bill, which passed the state’s House of Representatives with a large majority, would force librarians to unnecessarily censor challenged books, or face misdemeanor charges.Â
“This basically gives one person the ability to have a librarian arrested, as long as they can convince a warrant clerk that they’ve given notice and material is obscene,” Rep. Chris England (D–Tuscaloosa) said during a discussion of the bill on Thursday. “Does that make you comfortable?”
House Bill 385 updates an existing obscenity law “to provide that the use of any premises to distribute material that is obscene or harmful to minors is a public nuisance,” rendering violators open to misdemeanor charges.Â
The current obscenity law is primarily focused on preventing minors’ access to adult film stores and adult entertainment businesses. H.B. 385 removes a provision that exempts public libraries and public K-12 school libraries from the law’s consequences—though college and university libraries are still exempt.
The bill also contains a provision that seemingly attempts to ban “drag queen story hour” and similar events with drag performers in public libraries by barring “any sexual or gender oriented conduct that knowingly exposes minors to persons who are dressed in sexually revealing, exaggerated, or provocative clothing or costumes, or are stripping, or engaged in lewd or lascivious dancing, presentations, or activities in K-12 public schools or public libraries where minors are expected and known to be present without parental presence or consent.”
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