BOISE, Idaho -- A July 1 deadline loomed over Idaho library workers.

For months they’ve been frantically preparing for the implementation of a new state law that will allow parents to sue them over the material they let children or teens access. Statewide library groups were inundated with questions, in both virtual office hours and emails, as confusion ensued: Do we need an adults-only section? Are teens allowed to volunteer and work with adult books? Should we require anyone under 18 to be accompanied by an adult?

Libraries across Idaho are continuing to grapple with those questions as they scramble to find ways to protect themselves from liability that would also keep their buildings accessible. The law allows patrons to sue libraries for damages if they don’t move material parents considered “harmful” to children, which could include books that contain sexual conduct, nudity or homosexual content.

Some parts of the law are unclear, library workers have said, and libraries have taken different approaches on how to comply. Some libraries are being more cautious than others, fearing possible litigation they can’t afford.

With few resources and limited budgets, at least one library plans to ban anyone under 18 if they’re unaccompanied by an adult. Another plans to issue different library cards for children and adults. Two will put dummy books in place of the real ones if a material is challenged and moved to a new location.

“It really has been a struggle in the library world,” Lisa Harral, library director for the Blackfoot Public Library, told the Idaho Statesman.

Idaho library worker says advice is inconsistent

Patrons under the new law can submit a request for a public or school library to relocate material they considered harmful to an adult section. If the library doesn’t move the material within 60 days, the requester can then sue the library and claim damages.

Harmful materials include are those that have descriptions or representations of sexual conduct that “appeals to the prurient interest of minors as judged by the average person” and that are “patently offensive to the prevailing standards in the adult community with respect to what is suitable for minors.” The definition of “harmful” materials can also include homosexuality.

As libraries prepared for the law to take effect, the Idaho Library Association fielded a slew of questions in emails from library workers, while the Idaho Commission for Libraries held several virtual office hour sessions for librarians to bring questions and discuss changes they’d make to comply. The commission has also encouraged libraries to consult with their legal counsel or risk managers, but across the state, it has been interpreted in different ways.

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