On Thursday, the Alabama Legislative Services Agency proposed rule changes to the Alabama Public Library Service that would force libraries to move books deemed “inappropriate” for children in order to receive state funding.

These changes echo recommendations made by Gov. Kay Ivey after she expressed concerns about inappropriate materials for children in public libraries.

The proposed code changes state that “to qualify for state aid, public libraries (whether or not they are members of systems) and public library systems must comply with the appropriate requirements as follows”:

• “In order to receive state aid, a library board must approve written policies for the public library which cover the following: Physical location (and relocation of sexually explicit or other material deemed inappropriate for children or youth. Advance approval of materials recommended, displayed, or otherwise actively promoted to children or youth.”
• “Exercising discretion in the location of sexually explicit material or other material deemed by the public library board to be inappropriate for children or youth does not constitute a denial of service on the basis of age. Taking age into account when recommending, displaying, or otherwise actively promoting library materials does not constitute a denial of service on the basis of age.”
• “Any expenditure of public funds to the American Library Association must be approved by the governing board of the public library or public library system in an open, public meeting following advance public notice.”

The Alabama Library Association, the state chapter of the American Library Association, released a counterproposal to the rule changes. The proposal includes libraries mandating policies for unsupervised minors and material location or reconsideration of materials. Reconsideration policies, which many libraries utilize, allow patrons to challenge individual books.

“The public library must be easily available to all citizens of its county or municipality; and it cannot deny service to anyone on the basis of age, race, sex or creed,” the proposal stated. “For any minor in the public library, the parent/guardian retains the ultimate authority to determine what materials their child may or may not access. The library cannot act in loco parentis.” In loco parentis means “in the place of parents.”

The Alabama Library Association will hold town halls to encourage their membership, librarians, library employees, library boards, and library supporters to incorporate these amendments into their own public comments to the APLS Board, Alabama Library Association President Matthew Layne said in a statement.

The 90-day public comment period begins today and 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 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.