Lawmakers will try again to tackle obscene library books in 2025

In 2025, lawmakers will again try to resolve the ongoing controversy surrounding the large number of sexually explicit books in Alabama’s libraries.

After failing to pass a bill in the 2024 legislative session, Republican state Rep. Arnold Mooney (Indian Springs) has already pre-filed a bill for 2025 that would repeal the state’s existing law that exempts public and school libraries from existing obscenity laws.

The current law states: “It is unlawful for any person to knowingly distribute, with the intent to distribute, or offer to distribute, or undertake to distribute, any obscene material or device designed or marketed primarily for the stimulation of the human genital organs for any financial (monetary) value. Material that is not otherwise obscene may be obscene under this section if the distribution of the material, the offering to distribute it, or the possession with the intent to distribute it constitutes a commercial exploitation of eroticism solely for the purpose of lascivious attraction.”

The state’s obscenity laws do not apply to public libraries, public school libraries, college libraries, university libraries, or their employees.

House Bill 4 (HB4) provides that criminal obscenity laws do not apply to college or university libraries or their employees or agents, but do apply to public libraries and school libraries.

The bill would also add the following definition to the state’s existing code on “sexual conduct”:

“In any public school or public library where minors are likely and proven to be present without parental presence or consent, any sexual or gender-related conduct, presentation, or activity that knowingly exposes a minor to a person wearing sexually revealing, exaggerated, or provocative clothing or costumes, stripping, or engaging in lewd or lascivious dancing is prohibited.”

The bill’s criminal penalties would apply only in cases where a librarian or school employee fails to resolve a legitimate complaint from a parent or resident within 15 business days.

For public and school libraries, residents or parents can submit a form by registered mail if they believe a library book violates the provisions of the Act. For an elementary school, the letter must be sent to the local school inspector and principal. For a public library, the letter must be sent to the library director and a member of the library board.

Within the 15-day period, the school or public library must take one of the following actions:

· Move the material identified in the notice that violates this provision to an age-restricted area of ​​the library.

· Remove from the library any material that violates this division.

· Refrain from engaging in any conduct specified in the notice that violates this provision.

· Make an official determination that the material or conduct does not violate this department and take no further action.

The competent authority must also send a letter to the parent or resident who made the complaint, setting out details of the action taken.

If a parent or resident has not received notification within 25 business days of filing a complaint, he or she may forward all records to the appropriate law enforcement agency in that municipality or county.

A court or grand jury cannot issue an arrest warrant or indictment for a violation until a law enforcement agency receives the documentation required by the bill.

The bill already has several prominent co-signers, including House Speaker Nathaniel Ledbetter (R-Rainsville) and House Minority Leader Scott Stadthagen (R-Hartselle).

Mooney introduced virtually identical bills during the 2024 session, but the legislation stalled during debate over a statewide gambling proposal.

SEE: ‘What an insult to our state’s parents’: Advocates outraged over library obscenity bill’s failure due to gambling hiatus

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