New library legislation sparks outrage and protests from Idaho Democrats

POCATELLO, Idaho (KIFI)—Idaho Democrats have launched a statewide day of protests in response to the new library bill that went into effect Monday morning.

Protestors have gathered outside of libraries across the state to protest the enactment of House Bill 710.

The law is intended to prevent minors from obtaining age inappropriate material. Under the new legislation, parents or children to take legal action if libraries don't move the materials to a section designated for adults only.

If found at fault, the library must pay a mandatory $250 fine, and complainants can be awarded uncapped damages. 

State Democrats have called the law a "direct attack" on Idahoan freedoms.

"The library book bounty, passed by Republican politicians, is a direct attack on our freedom to make decisions for ourselves and our families," said Idaho Democratic Party Chair Lauren Necochea. "We are standing up to protect our libraries from the book banners, support our librarians, and ensure that our children have access to a broad range of books that reflect diverse perspectives."

As part of the day of action, Democrats say they are calling out the GOP legislators who voted for the bill. Local News 8 reached out to several state representatives for comment.

Representative Wendy Horman says the law defines "obscene" using the Miller test (A primary legal test established by the Supreme Court for determining whether a book or other form of expression is pornagraphic).

Horman denies claims by state Democrats that the law is the equivalent of a book ban. She believes the new legislation is necessary for keeping mature material out of the hands of minors.

"We're not preventing parents if they want to go to the bookstore and buy these books to show their children or request, from the library," said Horman. "Back in the day, pornography used to be in the checkout stands in grocery stores, and, there were laws passed that said you just need to put it behind the counter. And that's the equivalent of what we're asking here, is that children be protected from, materials that are obscene and inappropriate for their age. 

In the last five years, the number of challenged books in American libraries has risen exponentially.

In 2020, a total of 156 books were challenged. In 2023 that number rose to 4,240 according to the American Library Association.

For a full list of challenged and banned books, click HERE.