Leaders of West Virginia’s library community have now joined in opposition to a proposed bill that would make libraries, museums and schools criminally liable if they display obscene material to a minor.
The West Virginia Library Association issued a statement Wednesday opposing , which removes exemptions in state code for these institutions and would allow them to face criminal charges for displaying obscene material to minors. The WVLA serves, educates, and advocates for West Virginia’s 171 public libraries, as well as academic, school, and special libraries.
The bill has been approved by the House of Delegates and is being considered by the Senate.
In West Virginia, the penalty for displaying obscene material to a minor can vary between a felony and a misdemeanor, depending on the specific offense. According to the West Virginia Code, a person convicted of a felony for distributing or displaying obscene matter to a minor can be fined up to $25,000 or confined in a state correctional facility for up to five years.
The West Virginia Association of Museums has already publicly opposed the proposed legislation, saying it has the potential to harm the quality of programs and hinder recruitment of volunteers and workers.
WVLA President Megan Tarbett, who is board chair and also the director of the Putnam County Library, said the state Library Association shares many of the same concerns as the Association of Museums.
“The potential for indirect harm, as well as direct, is of great concern,†she said. “An undefined bill such as this not only will make it harder to attract and retain qualified staff, it could also affect the quality and quantity of library service in general. It would also hinder recruiting volunteers and other library supporters.â€
In its statement, the WVLA’s board wrote that West Virginia’s public libraries, schools and museums are places that foster learning, literacy, curiosity and knowledge. They are meant to have books on a wide variety of subjects at various reading levels and viewpoints, the board wrote.
“An attack on these institutions is an attack on the present and future development, success, and prosperity of the state of West Virginia,†the board wrote. “In other states, similar bills have been used to remove a wide variety of books from libraries and schools on far ranging topics from puberty, American history, memoirs, the bible, and even the dictionary.â€
The board wrote that the WVLA is not opposed to protecting children from potentially harmful materials or ensuring that museums, libraries and schools are safe spaces. In fact, libraries already have in place policies and procedures surrounding this issue, such as unattended children policies, library card holder policies, collection development policies and reconsideration of materials requests.
“What we are opposed to is a change in the code that endangers the community of library, school, and museum professionals while doing their jobs in these institutions,†the board wrote.
The proposed changes to the state code open cultural and educational institutions to damaging attacks and litigation due to vague language, the board wrote.
“Putting the threat of jail time in front of our library staff (also community members) as they select materials does not foster the collaborative spirit between staff and patrons that makes our West Virginia libraries a necessity to 171 communities, in all 55 counties,†the board wrote.
The board wrote that there is an alarming degree of subjectivity in the wording of the bill as to whether something is patently offensive.
“Again, this vague definition opens the door for attacks and legal challenges on any book, periodical, program, or other aspect of library service that some members of a community may not agree with,†the board wrote.
The statement ends with a call to action, asking legislators to consult with librarians, educators and museum professionals about how the proposed bill will negatively impact their work.
The lead sponsor of the bill, Delegate Brandon Steele, R-Raleigh, did not return emails on Wednesday seeking comment.
Roger Adkins covers politics. He can be reached at 304-348-4814 or email radkins@hdmediallc.com. Follow @RadkinsWV on Twitter.
