New lawsuit seeks to stop enforcement of Idaho library materials bill

Private schools and privately-funded libraries are seeking to halt enforcement of House Bill 710 through a lawsuit filed Thursday. According to House Bill 710, a “school" means any public or private school providing instruction for students in kindergarten through grade 12. (Kyle Pfannenstiel/Idaho Capital Sun)

A group of lawyers on behalf of private Idaho schools, privately-funded public libraries, parents and their children have sued Idaho officials in federal court to stop the enforcement of House Bill 710, a law that codified the process libraries must follow if a patron were to deem a material harmful to children.

House Bill 710 was signed into law after years of attempts from the Idaho Legislature to restrict library material access. It took effect on July 1.

Under the new legislation , students, parents and legal guardians can fill out a written notice asking libraries to relocate a library item that they deem “harmful” to an area with adult access only. If a library fails to relocate the item within 60 days of receiving the relocation request, then one could sue the library for $250, as well as “actual damages and any other relief.”

According to House Bill 710, a “school” means any public or private school providing instruction for students in kindergarten through grade 12.

The plaintiffs include the Northwest Association of Independent Schools, Sun Valley Community School, Foothills School of Arts and Sciences, the Community Library Association and Collister United Methodist Church, and four parent plaintiffs and two of their children.

“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,” the plaintiffs wrote in a statement to the Sun.

The suit alleges the law violates the First Amendment rights of private schools and libraries and 14th Amendment protections for the fundamental liberty interest of parents.

The defendants named in the suit include Idaho Attorney General Raúl Labrador, Ada County Prosecutor Jan Bennetts and Blaine County Prosecutor Matt Fredback.

McKay Cunningham, an Idaho lawyer representing the plaintiffs, told the Sun that parents have a fundamental right to direct the education of their children under the U.S. Constitution.

“This fundamental right is no less true in Idaho despite the Idaho Legislature’s attempt to substitute its judgment for that of Idaho parents,” he said. “Our coalition of plaintiffs seeks to restore this right to its constitutional origins – Idaho parents.”

About the plaintiffs: A coalition of private schools, libraries, and parents

There are 11 plaintiff parties in this case, with three of them representing private school entities.

‘We are not getting rid of books’: How libraries across Idaho are implementing new materials law

The Northwest Association of Independent Schools is a nonprofit organization of private schools based in the Northwest and Canada. Its members in Idaho include the other plaintiffs, Sun Valley Community School and Foothills School of Arts and Sciences.

Sun Valley Community School serves pre-kindergarten to 12th grade to youth in Sun Valley. The Foothills School of Arts and Sciences is based in Boise, and it offers education to pre-kindergarten through ninth grade.

According to the lawsuit, the private school entities named in the lawsuit “make available to its students certain constitutionally protected, non-obscene materials that contain content described in (House Bill 710) that the Defendants and/or some Idahoans may find subjectively offensive, and that may therefore fall within the scope of H.B. 710’s prohibition.”

The fourth plaintiff includes The Community Library in Ketchum. The library is privately-funded, and any member of the public with a picture identification can sign up for a library card. According to the lawsuit, nearly 5,000 people from Idaho, nearly every state, and abroad hold library cards from the library. Because it is open to any member of the public, the library considers itself subject to House Bill 710.

The fifth plaintiff includes Collister United Methodist Church based in Boise. According to the lawsuit, the church is a Reconciling Ministry, meaning it is committed to achieving LGBTQ+ justice and inclusion in their churches. To further that goal, the church opened a lending library focused on books about LGBTQ+ people and topics for children and adults. Because any member of the public can borrow books from the church’s library, the church also believes it is subject to House Bill 710.

The next four plaintiffs are parents of minors. Two of them, Matthew Podolsky and Jeremy Wallace, are based in Boise. The two others, Mary Hollis Zimmer and Christina Leidecker, are based in Hailey.

Wallace and Leidecker’s two children are also plaintiffs named in the lawsuit using abbreviations to protect their identity.

Carey Dunne, a lawyer with Free + Fair Litigation Group representing the plaintiffs, said in a statement to the Sun that Idaho lawmakers are engaged in an unprecedented and “wildly unconstitutional” attempt to control speech in private institutions.

“Our coalition of schools, libraries, parents and students is asking the court to stop this government overreach before the first bell rings on the new school year – and before other states even think about following suit,” Dunne said. “A healthy democracy depends on vibrant, independent, private institutions. This new, dark turn for state censorship in America cannot stand.”

Bill sponsor Rep. Jaron Crane, R-Nampa, previously said that library legislation would not cause a book ban or financially strain Idaho libraries.

Bill cosponsor, Sen. Cindy Carlson, R-Riggins, previously told the Sun that the intention of the bill was to “protect the innocent minds of underage children.”

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