A North Dakota book review law for “sexually explicit material” cost a library $54,500. What are others doing? – InForum

JAMESTOWN — A North Dakota law requiring public libraries to check their collections for “sexually explicit material” cost a Jamestown library $54,500 in staff hours.

Jamestown librarians played it safe and looked at every children’s and young adult book, but other libraries in the state also review books when complaints come in.

Libraries in Fargo, West Fargo, Grand Forks and Bismarck have been using existing screening policies for years to comply with House Bill 1205, which the North Dakota Legislature passed in 2023. The law, signed by Governor Doug Burgum, requires public libraries to “develop policies and procedures for screening library collections.”

These include developing age-appropriate book collections, efforts to “regularly review library holdings,” and procedures for “removing or relocating sexually explicit materials in the public library.”

Joe Rector, director of the James River Valley Library System and head of the Alfred Dickey and Stutsman County libraries in Jamestown, said on the advice of his attorney, he thought his staff should review the entire collection. Fifteen staff members spent 2,770 hours reading about 33,000 children’s and young adult books.

They moved four of them to the adult collection, Rector said.

“It was a long process,” he said. “We put a lot of effort into it. We had signs on the desks saying, ‘Please excuse our reading. We are following the law to review our collection.’ People were very understanding.”

The Jamestown review did not cost Rector’s Libraries any additional money because it was part of the staff budget, he said.

“They simply couldn’t carry out many other projects without having to go through the various children’s and young adult books in our library, page by page.”

He said he had received no requests to remove books or complaints suggesting that the library had sexually explicit content.

David Samson/The Forum

Lawmakers passed the law because they were concerned that children would have access to books that mentioned sexual acts through public libraries. One book mentioned by name was “Let’s Talk About It: The Teen’s Guide to Sex, Relationships, and Being Human.”

Policies had to be developed by January 1 and compliance reports had to be submitted to the state by May 1.

Supporters of the bill said it protected children from “pornography.” Others criticized the law as censorship and a book ban aimed at literature on gender and sexuality issues.

Librarians said the bill would require public libraries to pay too much money to check all of their books.

House Bill 1205 did not include funding for the audits, meaning libraries will have to cover any costs imposed by the law themselves. With the exception of Jamestown, the libraries The Forum spoke with have no plans to audit entire collections, at least not all at once.

The Bismarck Public Library, for example, estimated it would need $334 million to review all the books on its shelves. But that won’t happen, Christine Kujawa, director of the Bismarck Veterans Memorial Public Library, wrote in an email.

“As for reviewing our collections, it would not be feasible for our library to review our entire physical collection of 200,000 items from start to finish, considering the time and additional staff costs this task would require in addition to our regular ongoing work,” he said.

Screenshot of the Legislature’s live stream

Kujawa said her library has a process for purchasing and reviewing materials that includes regular assessments of the collection. Librarians review parts of the library “on an ongoing basis,” she said.

Patrons can fill out a form if they want to have a book removed, she said. The West Fargo Public Library has a similar process, Jenna Kahly, the West Fargo Library’s director, told The Forum.

When the library receives a complaint, librarians independently review the book in question, Kahly said. She then speaks with librarians individually, gathers information about the complaint and decides whether the book should be moved to another department or removed from the library entirely.

“We ask them not to talk to each other,” she said.

The review process has been ongoing since 2011, Kahly said. She said she has not received any complaints since House Bill 1205 was passed.

The last complaint came eight years ago. The fact that so few complaints have been received shows the work her staff does in selecting books for the library and putting them in the right place, said Kahly.

“The impact of the legislation was minimal,” she said.

Alyssa Goelzer/The Forum

Wendy Wendt, director of the Grand Forks Public Library, and Tim Dirks, director of the Fargo Public Library, said their libraries also use a complaint process that has been in place for years. The 2023 law has had little impact on their libraries, they said.

Dirks said he received no complaints while Wendt’s staff reviewed 10 children’s books. Only four were postponed, Wendt said.

“Interestingly, it was really quiet,” Dirks said of the lack of book challenges.

Wendt, Dirks and Kahly said there are no plans to review their entire collections. Libraries in Dickinson and Minot did not respond to a message from the forum.

Rector acknowledged that lawmakers have had concerns about what they consider inappropriate books and the possibility that children could access those books in public libraries. He said he has not heard of any books being removed from circulation in North Dakota.

He said he hoped his process would answer any questions lawmakers might have.

“The librarians have stated to the legislature in no uncertain terms that there is no profanity in any library in North Dakota,” he said. “Legally, there is no profanity.”