For more than two years, residents raised concerns about sexually explicit material located in the minor sections of the Fairhope Public Library. Those concerns were presented during multiple Fairhope City Council and Fairhope Library Board meetings, but no resolution was reached.
After local efforts failed, the issue was elevated to the Alabama Public Library Service (APLS), the state agency responsible for overseeing public library compliance. Under Chapter 520-2-2 of the Alabama Administrative Code, libraries receiving state funding are prohibited from providing sexually explicit material to minors. The regulation does not prohibit adult access but requires appropriate placement and age separation.
APLS advised the Fairhope Public Library that compliance could be achieved by relocating sexually explicit materials from the minor section to the adult section. This approach would preserve access while allowing parents to control what materials their children may view. Parents who wish to grant their minor child unrestricted access may issue an all-access library card.
The Fairhope Library Board declined to relocate all of the identified materials.
During the January 15 APLS board meeting, chairman John Wahl reviewed 10 books he had personally examined and asked Fairhope Library Board representative Randall White and library director Robert Gourlay to explain how the materials did not meet the statutory definition of sexually explicit. Both declined to respond despite multiple opportunities.
Following approximately 11 months of warnings and opportunities to come into compliance, APLS determined that the library remained noncompliant and permanently revoked the Fairhope Public Library’s State funding.
The loss of funding triggered contractual consequences at the county level.
Under the intergovernmental agreement between the Fairhope Public Library and the Baldwin County Commission, participating libraries are required to meet the standards outlined in Chapter 520-2-2 of the Alabama Administrative Code and remain eligible to receive state aid. Once eligibility was revoked, the terms of the agreement were no longer satisfied.
On Tuesday, the Baldwin County Commission removed the Fairhope Public Library from the countywide book-sharing program. Two citizens addressed the Commission during the work session, though the decision had already been reached based on the contract violation.
Materials provided to the commission included the list of challenged books, excerpts read during the APLS meeting, the official funding revocation letter, the Alabama Code definition of sexually explicit material and the signed intergovernmental agreement.
County officials stated the decision was contractual in nature. The commission acted pursuant to the agreement, citing the requirement that publicly funded institutions remain in compliance with state law and funding conditions.
Don't miss out! Subscribe to our newsletter and get our top stories every day.
