BROOKINGS A bill now before the state Senate Judiciary Committee would impose criminal prosecution and potential jail time on librarians if children access library materials deemed obscene or harmful.
Brookings Public Library director Ashia Gustafson said this legislation is not needed.
The state already has obscenity laws. So all of our material (at the Brookings library) meets the criteria of not being obscene, Gustafson said. Nothing we have is going to get us in trouble with the obscenity laws. Those laws are already on the books. Then from there, its up to the parents to determine whats appropriate for their child.
The new legislation would repeal an exemption in state law shielding librarians from prosecution for dissemination of obscene or harmful materials to children. If the bill passes, librarians could face prosecutions resulting in sentences of up to a year in jail and a $2,000 fine. Gustafson said this law would impose severe penalties based on subjective interpretations.
If I object to it, then no one can see it basically, right? she said. It creates that burden of enforcement with vague wording. Like harmful to minors what does that mean? Its very subjective. Its dependent not only upon age but individuals Whats appropriate for one family might not be appropriate for another family but thats for the family to determine.
The legislation HB1239 passed the state house 38-32 on Feb. 20. Both District 7 Rep. Mellissa Heermann, R-Brookings and District 7 Rep. Roger DeGroot, R-Brookings voted against the measure. Gustafson said the bill applies to more than just librarians.
So HB1239 takes away the affirmative defense from schools, libraries, universities and museums, she said. That leaves teachers, librarians and museum workers open to criminal charges if children inadvertently access materials meant for an older audience.
She cited library consultant and editor Mary Jo Godwin who once wrote, a truly great library contains something in it to offend everyone.
If youre looking to be offended, youre going to find something, Gustafson said. But heres the great thing about libraries if you dont want to read it, you dont have to, right? If it doesnt fit with your family, you dont have to read it but you dont get to make that decision for my family.
She said this law will result in fewer choices for everyone.
If this does pass, its really taking away the parents rights to make decisions for themselves and decide for their children whats best for them, Gustafson said. It does shift that burden from parents to employees of the library and that isnt our job and it shouldnt be our job, because we dont know your family dynamics.
Brookings Public Library already has policies permitting parents to lodge complaints about material they deem inappropriate. Gustafson said in the 9 years shes been library director theyve had a total of two complaints.
We make sure our materials are not obscene in any way, she said. If a child brings home something that their parents think is not appropriate for their child or for the library to have, we have a reconsideration policy to say they dont think that should either be in the childrens area to be shelved there or they dont think it should be in the library at all.
She encouraged concerned parents to visit the library in person and ask questions.
Have conversations with us. Me and my staff are open to helping the public understand what we have in our collection, Gustafson said. Talk to your kids. When they check things out, have conversations with them and explain to them why you dont want them to read this for X, Y and Z reasons Then come in and see what we have in the library. Theres going to be things you might not want to read or have your children read; but theres also going to be things that you will want your children to read and you will enjoy reading with them.
She said librarians want to provide a positive experience for everyone.
We are here to support the community. We are an inclusive, engaging center in our community where all are welcome to learn, discover, create and connect, Gustafson said. Libraries are for everybody Theres no expectations at the library. You can come and just be. We have so many resources to help you like anything or everything. If we dont personally have what you need here in the Brookings library, we can definitely try and find it for you.
Contact Jay Roe at [email protected].
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