Iowa Rushes, Advances Librarian Criminalization Bill

3 days ago 7

In a year in which there are dozens of anti-library, pro-book banning bills being floated in state legislatures across the country, including several intended to criminalize librarianship, Iowa has advanced their own bill targeting public librarians in a matter of days. Iowa House File 274 (HF 274) was introduced on Monday, February 10, and has already made its way out of the House Education Committee. This means that it is now eligible to be discussed and advanced by the full House.

It is not common for bills to move at such a fast speed. But bills like HF 274 are wildly unpopular with most citizens. The speed at which it has moved through the Iowa House is indicative of its partisan nature.

HF 274 was introduced by Helena Hayes (IA District 88). The bill would erase protections that public libraries and educational institutions have related to “obscene” materials. The bill would also restrict where and how minors could access the public library. As the obscenity laws are written now, minors are permitted to attend any event at a public library or public school, as well as access any materials available therein. HF 274 would kick open the door of barring anyone under the age of 18 from utilizing the library or its materials were it believed so-called “obscene” material were available.

There are no obscene materials in public or public school libraries in the United States. This is a moral panic brought forth by the right over books they don’t like and that represent voices, stories, and perspectives outside of the rigid white, straight, able-bodied, cis gender, Christian boundaries.

While obscenity has a stated legal definition via the Miller Test–a three prong test materials must meet as a whole–”obscenity” in the eyes of legislators eager to pass bills like this includes books by and about LGBTQ+ people. These books have already been targeted in Iowa legislature at public schools through Iowa’s 2023 passage of Senate File 496. Books like Gender Queer have also been targeted relentlessly in public libraries across the state.

Iowa’s Pella Public Library came under brutal attack in 2023 when Gender Queer was not banned as some residents demanded. Those angry about the presence of an LGBTQ+ comic in their public library fought back with a ballot measure meant to put oversight of the public library under elected officials in the city. That campaign was unsuccessful but showcased how much money book banners were willing to pour into their cause to undermine professional knowledge and experience of librarians and destabilize public goods like libraries.

That’s why bills like this one have been rushed. Any time for the average person to read and raise concerns about HF 274 would hinder its ability to be passed quickly through partisan efforts.

HF 274, in removing obscenity protections from public libraries and public schools, would make room for bills like those we’ve seen in Idaho, where parents can sue libraries over not moving material they deem inappropriate quickly enough. It would also make it far easier to pass bills like those in Utah and South Carolina, wherein the state requires every institution to remove specific titles from their collection or face financial penalties.

This is not the only anti-library bill in Iowa this legislative session. Senate File 116 would not only ban drag performances but would allow criminal charges to be pressed against librarians or educators who host such events or who have materials deemed “obscene” in their collections that minors may access. Together, HF 274 and SF 116 would completely alter Iowa’s public library and public education systems, turning them into partisan weapons–and destroying their purpose as democratic institutions serving all members of their community.

When you change the definition of obscenity to meet prurient partisan interests–the amount of time that these legislators talk about genitals and sexual acts is itself deeply disturbing–you then give those same legislators the opportunity to pass more and more restrictive, paternalistic bills. No longer is this about “parental rights” nor about so-called “local control.” It’s about the government telling you as a parent what you may or may not allow your own child to access in public spaces.

It’s also about robbing local communities from ensuring their library serves everyone and undermining the knowledge, skills, training, and education of professionals in these institutions.

Tuesday’s House Education Committee passed the bill out of committee by a 14-8 vote. It can now move on to the House floor for full debate and vote.

If you live in Iowa, get on the phone with and into the inboxes of your state House and Senate representatives demanding these bills be halted. Spread the word about these bills and what the consequences of them would be with your networks. You have plenty of examples for what could happen–and you have examples of what’s already happening in your own state, thanks to 2023’s Senate File 496, which continues to be litigated.

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