Advocates for removing sexually explicit material aimed at minors from Alabama libraries are growing more frustrated at the lack of legislative action.
After failing to pass in 2024, State Rep. Arnold Mooney (R-Indian Springs) re-filed legislation to repeal the state's existing law that allows schools and public libraries to display certain obscene materials.
Current law states, "It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for anything of pecuniary (monetary) value. Material not otherwise obscene may be obscene under this section if the distribution of the material, the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of prurient appeal."
The state's obscenity laws do not apply to public libraries, public school libraries, college libraries, university libraries or their employees.
House Bill 4 (HB4) would apply criminal obscenity laws to public libraries and public school libraries but not to college or university libraries or their employees or agents.
The bill has 49 co-sponsors, including House Speaker Nathaniel Ledbetter (R-Rainsville) and House Majority Leader Scott Stadthagen (R-Hartselle). It was placed in the House Judiciary Committee, where it has yet to come up for a public hearing or committee debate.
Clean Up Alabama (CUA), a group formed in response to the statewide controversy of sexually explicit children's books in libraries, is now aiming at lawmakers for not bringing HB4 before the public for a hearing.
"The Supermajority Alabama legislature filed a bill that would simply hold taxpayer-funded libraries accountable to already EXISTING obscenity laws," CUA said in a release. "Maybe you didn't know that libraries were the ONLY ones in Alabama with COMPLETE immunity to provide children with obscene content. And with our tax dollars no less!"
CUA claims in its release that the lawmakers who placed their name on the bill are simply giving lip service to the wants of the Alabama public while not intending to see the bill move at all.
"[W]e know why, don't we? If the 50 bill co-sponsors wanted this bill to pass and protect Alabama CHILDREN they would have done it already," the release continues. "The 50 co-sponsors give an APPEARANCE of support, but the neglect to get it through the house, or even on the committee calendar, with OVER a month of session underway, tells us the REAL story. They want to be able to tell their constituents, 'I was a co-sponsor. Of course, I wanted it to happen, but we just ran out of time.'"
"They know that the overwhelming majority of Alabamians want children protected from exposure to obscenity. And yet, books like 'My Lesbian Experience with Loneliness' and 'Let's Talk About It' are still being offered to children."
HB4 would also add the following definition in the state's existing code on "sexual conduct":
"In K-12 public schools or public libraries where minors are expected and known to be present without parental presence or consent, any sexual or gender-oriented conduct, presentation, or activity that knowingly exposes a minor to a person who is dressed in sexually revealing, exaggerated, or provocative clothing or costumes, who is stripping, or who is engaged in lewd or lascivious dancing."
The bill's criminal penalties would only apply if a librarian or school employee fails to address a valid complaint from a parent or resident within 15 business days.
Residents or parents may submit a form via certified mail to public and school libraries when they believe a library book violates the bill's provisions. In the case of a K-12 school, the letter must be sent to a local school superintendent and principal. The letter must be sent to the library director and a library board member for a public library.
The school or public library must do one of the following within the 15-day limit:
- Move material identified in the notice that violates this division to an age-restricted area of the library.
- Remove material in the notice that violates this division from the library.
- Cease conduct in the notice that violates this division.
- Make an official determination that the material or conduct does not violate this division and take no further action.
The appropriate authority must also send a letter detailing the action taken to the parent or resident who filed the complaint.
If a parent or resident has not received notice within 25 business days of submitting a complaint, they may take any documentation to the applicable law enforcement agency in that municipality or county.
A court or grand jury may only issue a warrant or indictment for a violation after a law enforcement agency has received the documentation required by the bill.
Mooney carried virtually identical legislation during the 2024 session. However, the legislation stalled out during the gridlock caused by the debate over a statewide gambling proposal.
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