(Radio Iowa) – A bill advancing in the Iowa House would make it illegal for public libraries to let anyone under 18 access books or other materials that are harmful to minors due to sexual content — unless the parent provides written consent. Terri Hubbard is a member of the Sioux Center Public Library’s Board of Trustees. “Across Iowa, minors have unrestricted access in public libraries to materials containing graphic depictions of sexual activity and sexual violence,” Hubbard said. “We would not consider that developmentally neutral in any other public setting.” The bill was drafted after a 13-year-old checked out a book from the Sioux Center library last summer that had adult themes. Hubbard says the president of the Sioux Center Library Board has indicated any restrictions on access to books be handled at the state level.

“This bill does not ban books or restrict adult access,” Hubbard said. “It simply recognizes that minors and adults are treated differently when it comes to sexually explicit material.” Patty Alexander of Indianola, a leader in the Warren County Moms for Liberty Chapter, says public libraries should be a safe space for Iowa families. “We don’t allow children under 18 go to sexually explicit movies,” Alexander said. “Why would sexually explicit materials in the public library be any different?” The bill would give parents the right to sue a public library — and any librarian — who provides sexually explicit materials to a minor for damages and the librarian could be charged with a crime and sentenced to up to a year in prison for a first offense. Sam Helmick, a librarian in Iowa City, is past president of the Iowa Library Association and the American Library Association’s current president.

“It seeks to transform our sanctuaries of literacy and learning into sites of surveillance,” Helmick said. “It takes the librarian, often a volunteer..and threatens them with the cold iron of criminal penalties and the crushing weight of financial ruin not only for themselves, but also for their small community.” Leslie Noble, assistant director of the Urbandale Public Library, is a member of the Iowa Library Association’s government affairs committee. She says the bill will create confusion and liability concerns. “The risk of criminal and civil liability will deter individuals from serving their communities on library boards or working in libraries,” she said. “Municipal insurance coverage could become more expensive or unavailable if insurers view these new liabilities as unmanageable.”

Chelsea Hoye, a lobbyist for the Iowa League of Cities, says the risk of litigation could be crippling for small town libraries.) “This legislation waives governmental immunity and makes cities vicariously liable for library decisions,” Hoye said, “exposing taxpayers to statutory damages up to $10,000 per item.” Two Republicans on a House subcommittee voted to advance the bill early this (Thursday) morning and it’s currently scheduled for debate today (Thursday) in the House Judiciary Committee.