Idaho’s new library law faces lawsuit over constitutional concerns

By Riley Shoemaker

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BOISE, Idaho (KIVI) -- A new lawsuit is challenging Idaho's House Bill 710, a law intended to restrict children's access to harmful materials in libraries. The coalition leading the legal challenge includes the Foothills School of Arts and Sciences in Boise and the Sun Valley Community School, among others.

- The plaintiffs, including private schools and library patrons, argue that the law is overly broad and infringes on First Amendment rights. - The coalition is seeking a temporary injunction to prevent the law from being enforced before the upcoming school year.

"To be very clear, every single one of my clients and every single one of the plaintiffs in this case agree with the concept of protecting minors from obscene and pornographic material," says McKay Cunningham with the College of Idaho.

A new lawsuit challenges Idaho's latest library law that went into effect on July 1st. House Bill 710 aims to keep Idaho kids from accessing 'harmful materials' at local libraries. But now, a coalition of private schools, libraries, and patrons is taking the issue to court.

"This is not a lawsuit being brought for antagonistic purposes," says Cunningham.

McKay Cunningham says the law raises constitutional concerns.

"Because of the way that it is written, because it’s vague and overbroad in the way that it’s written, it includes a host of material that is otherwise protected by the First Amendment, including works of art and literature," says Cunningham.

The coalition leading the legal challenge includes the Foothills School of Arts and Sciences in Boise and the Sun Valley Community School, among others. The Idaho Family Policy Center helped draft some of the legislation. We reached out to them for an interview, but the group said in a statement, "The Children's School and Library Protection Act is common sense—simply requiring that schools and libraries take reasonable steps to restrict children's access to materials that are obscene for minors."

But according to Cunningham with the College of Idaho, "And again, every single one of the plaintiffs in this lawsuit has no problem with making sure that minors are not accessing pornographic and obscene materials. It’s just that this statute goes a lot father than that. It is even possible that the bible could fall within the definition of this statutes harmful to minors. I'm not a biblical scholar but there are provisions that deal with sexual content that might very well be banned or be within the definition of what is harmful to minors, in that statute."

That is why Cunningham says his clients see the law as too subjective.

"Including scientific and health books, an anatomy book that has depictions of the human body arguably falls within the scope of this statute. So that, schools and libraries across the state of Idaho have to contend with what materials a subjective 'harmful to minors' definition now includes."

So, how are library materials being monitored?

If a person identifies concerns with a book in the children's section, the library can be fined $250 if the book is not moved to an adult section or removed entirely.

The issue also impacts small libraries in the state, like in Donnelly, where the one-room library will require parents to sign a waiver if they want their child allowed inside.

And, ahead of the upcoming school year, the plaintiffs are asking a judge for an injunction.

"This lawsuit is asking the court to act fairly quickly to issue a temporary injunction so that this law will not be enforceable by the time the schools year begins," said Cunningham.