Autauga-Prattville Library Board approves book removal policy as controversy continues

A row of library books. (Getty)

The Autauga-Prattville Public Library Board of Trustees last week approved a resolution giving themselves the power to remove any materials they believe inappropriate, whatever a library director may decide.

The move is the latest in an ongoing controversy over access to books at the library, one that has led in the last year to the appointment of a new board; the firing of a former library director and a federal lawsuit over selection criteria approved by the board in February that plaintiffs say violate patrons rights.

“We have a current lawsuit open, and I expect the plaintiffs will also allege there are problems with the resolution,” said Bryan Taylor, a former candidate for chief justice of the Alabama Supreme Court who is representing the library in the suit.

Messages seeking comment were left with Ray Boles, chair of the library board, and Hannah Rees of Clean Up Alabama, which has pushed for the changes.

Board members passed the resolution several weeks after the Alabama Public Library Service Board ratified changes to its administrative code . The new changes require local libraries to adopt policies aimed at restricting minors from having access to materials with themes related to sex and gender identity.

Members of Read Freely Alabama, formed in opposition to Clean Up Alabama, and allies oppose the resolution and the library board’s policies adopted earlier this year.

“This case is a problem of the library board’s own making,” said Will Bardwell, senior counsel at Democracy Forward, the organization representing Read Freely Alabama in its lawsuit. “The board could have backed away from its extremist agenda and returned the library’s policies to the way they used to be. Instead, the board is doubling down. The wording of the policies has changed, but the board’s book banning goal remains. Until the board stops violating the First Amendment, this case will continue.”

Based on the language, the resolution appears to target the appeals process available to patrons seeking to challenge the decisions made by board members based on the selection criteria policy adopted in February.

Library officials adopted a policy in February allowing them to remove books or other materials from circulation if they believe they are sexually explicit, contain gender identity themes or otherwise inappropriate.

The policy allows for books or materials to be removed or not purchased based on the selection criteria policy. The resolution allows the library director to make those decisions but permits patrons to submit a request to appeal the decision.

It begins by stating that the library director is the ultimate arbiter of the library collection subject to oversight by the board and that the director is responsible “to protect minors from materials deemed inappropriate for children and youth.”

Language in the resolution also states that the public may submit a request to the library director to challenge decisions regarding books included within the library’s collections or those that were removed because of the selection criteria policy.

Decisions by the library director regarding books or other materials from the collection that are “advertised for consumers under the age of 18 and which he or she deems inappropriate for children or youth” could be reversed by a majority vote of the board.

The board must determine that the item is not “harmful to minors” based on state or federal law. It cannot include graphic descriptions, illustrations or other representations of sexual conduct as defined in state and federal law.

The resolution also states the items may not contain “mature themes” of sexuality, sexual orientation, sexual abuse or transgender identity. The book or material also cannot promote or glorify illicit drug or tobacco use, have racial or ethnic themes, sexual harassment or discrimination, homosexual themes, xenophobia or transphobia.

It also cannot have content that relates to gender identity, promiscuity, teen pregnancy, physical or sexual abuse, pedophilia, polygamy, or any other form of criminal behavior.

The board may also overturn a director’s decision to retain materials and books in the collection, based on the same criteria.

The resolution largely aligns with changes that board members from the Alabama Public Library Service adopted in their administrative code . Changes not only included the amendments recommended by Gov. Kay Ivey but also further restricted minors from having access to library materials.

The code change requires libraries to develop policies to determine the materials appropriate for the collection or risk losing their public funding. They must have a policy in place for placing displays that highlight materials targeted at children. Libraries also must have guidelines to ensure that the children’s section does not have obscene or sexually explicit materials and that those materials cannot be purchased for patrons less than 18 years old.

Groups such as Read Freely Alabama and the Alabama Library Association have opposed the board’s resolution and the administrative code changes adopted by APLS, believing they violate free speech rights and discriminate against LGBTQ+ groups.

“We continue to be alarmed by what’s going on in Prattville and we are deeply concerned that this new policy will lead to fewer LGBTQ+ books on the shelf,” said Kasey Meehan, Freedom to Read program director for PEN America, an organization that advocates for libraries and freedom of expression that has been tracking the situation in Prattville. “The library is for everyone, but this policy appears to pave the way for a more narrow public sphere in which LGBTQ+ viewpoints are left out.”

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