Gov. Ivey’s proposed Alabama library code changes facing public opposition

Alabamians are sharing their opposition to Gov. Kay Ivey’s suggested library policy changes.

According to the Alabama Public Library Service, Alabamians had submitted 416 public comments as of Monday, and 399 are opposed to adopting the administrative code changes Ivey proposed after fears of “inappropriate content” for children sparked a wave of book challenges statewide. The public comment period ends April 29.

The code changes include relocating “sexually explicit or other material deemed inappropriate for children or youth,” and moving the books to the adult section doesn’t equate to a “denial of service on the basis of age.”

“I think that we’re all trying to be responsive to the concerns that have been made,” board chair Ronald Snider told AL.com on Monday. He said it’s premature to determine what will be approved. Still, he thought the “governor’s proposal was a reasonable effort to move forward.”

“This agency does a lot of good, and it has never been controversial until this year,” Snider said. “And we’re hoping to not continue to be controversial.”

One of the newest state library board members, Amy Dozier Minton, told AL.com that some public commenters wanted stronger or more specific changes to the code.

“So I thought that was an interesting part of the conversation,” Minton said.

Minton, who challenged 30 LGBTQ books at Gadsden library in 2023, wants to amend the current code to disallow libraries from purchasing or acquiring any material for minors “which contain obscenity, sexual conduct, sexual intercourse, sexual orientation, gender identity/ideology, or gender discordance. Age-appropriate materials concerning biology, human anatomy, or religion are exempt from this rule.”

This language is similar to the Autauga-Prattville Public Library policy adopted in February, which sparked turmoil, leading to the termination of the library director and several library staff.

Minton said she does not consider this a book ban because books are still available in bookstores.

“We can’t carry all one million books that are published ever year,” Minton said. “We’re just saying to not have these in our public libraries with taxpayer dollars.” She added, “selective censorship happens every day” when librarians decide which books to shelve and which to weed out.

The anti-censorship group PEN America considers a book ban as any time a book is “removed from availability to students, or where access to a book is restricted or diminished.”

On March 21, the board decided to wait until after the public hearing to discuss these amendments by voting to create a subcommittee to look at them further.

“My view was we need to let the current process play out,” Snider said. “It could be confusing to the public to put out any additional amendments until that period had concluded and we had the public hearing.” The amendments also include mandating library cards for minors and no public funding to the American Library Association.

Board member and Alabama Republican Party chair John Wahl told AL.com Tuesday that Minton “brings up some good points.”

“She brings up things that I think the board should look at,” Wahl said. “But we need to make sure that we stay within the bounds of the authority of APLS as well as we get it right and give both board members and the public time to see them before we take any action.”

The board also discussed Attorney General Steve Marshall’s opinion that the APLS can withhold funding for libraries that don’t follow the administrative code. Minton said she’s concerned funding may be withheld or pro-rated since the legislative term ends on May 20, less than a month after the public hearing. Snider said there shouldn’t be a problem but will address it if it arises.

Minton said APLS executive director Nancy Pack is working on a new “Alabama public library brill of ights” given APLS’ disaffiliation from the American Library Association, which has its own bill of rights. Wahl said the bill would have some of the language in ALA’s bill of rights, including “standing up for teaching, for encouraging reading and good materials for patrons.”

“Going back to some of those fundamental rights (such as) freedom of free speech, freedom of association, and highlighting some of the things that are so important to a free society,” Wahl said.

While APLS’ disaffiliation doesn’t automatically affect the membership of libraries and individual librarians, the American Library Association secured $293,000 in grants to 36 libraries between 2019-2023. Wahl said the board wants to make sure that the Alabama Public Library Service “steps into the gap” created by the disaffiliation and that missing resources are provided.

The public comment period for the legislative code changes ends at 4:30 p.m. on April 29. Comments should be mailed or hand-delivered to Vanessa Carr, Executive Secretary, at the Alabama Public Library Service office at 6030 Monticello Drive, Montgomery, AL 36117.

The APLS will hold a public hearing at 10 a.m. April 30. Each person can speak for up to three minutes. Potential speakers should request to make oral comments to [email protected] no later than 4:30 p.m. on April 29. APLS will determine the order of oral statements by the requested date.