Brookings librarian opposes Senate legislation aimed at libraries
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, it’s up to the parents to determine what’s 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? It’s very subjective. It’s dependent not only upon age but individuals … What’s appropriate for one family might not be appropriate for another family — but that’s 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.
She cited library consultant and editor Mary Jo Godwin who once wrote, “a truly great library contains something in it to offend everyone.”
“If you’re looking to be offended, you’re going to find something,” Gustafson said. “But here’s the great thing about libraries … if you don’t want to read it, you don’t have to, right? If it doesn’t fit with your family, you don’t have to read it — but you don’t get to make that decision for my family.”
She said this law will result in fewer choices for everyone.
“If this does pass, it’s really taking away the parents’ rights to make decisions for themselves and decide for their children what’s best for them,” Gustafson said. “It does shift that burden from parents to employees of the library — and that isn’t our job and it shouldn’t be our job, because we don’t 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 she’s been library director they’ve had a total of two complaints.
