MONTGOMERY — The Alabama Public Library Service (APLS) Board voted Thursday to provide the state's libraries with a definition of "sexually explicit," continue to withhold funding for the Fairhope library and potentially ban transgender-promoting books.
Thursday was the first APLS board meeting after the body voted to oust former Director Nancy Pack after years of tension.
During the same meeting where Pack was fired, the board voted 5-1 to pause the Fairhope Public Library's funding until it complied with APLS policy after several residents complained of a lack of recourse in challenging allegedly sexually explicit books. The board determined that the library was not in compliance with its administrative rules, making state funding dependent on compliance with the procurement and placement of certain books and regulations for challenging and removing books deemed to be obscene or sexually explicit.
According to Wahl, the Fairhope Library is still evaluating some book challenges and policies. He said the board would wait until the situation was resolved before further action on the library's funding.
"As far as following state code, it's easy," Wahl said. "It's simple: if libraries are worried about defunding, there is a very simple solution. It is in your hands. It is not us who are defunding you. It is your choice to intentionally disobey state code. It is the only thing that causes defunding."
Before the board's business, well over a dozen citizens were permitted to speak. Many complained about the Fairhope Library's funding cut, while others accused the library of continuing to stock sexually explicit books in sections for minors.
Several speakers stated that local issues should be handled locally, not by the state board. Wahl responded that Fairhope residents were compelled to approach APLS since the local library board did not comply with the state code.
"I think it's been mischaracterized a little bit that Fairhope Public Library isn't acting on good faith," said Fairhope Public Library Director Robert Gourlay. "We've gotten a lot of reconsideration forms submitted since the beginning of 2023. And we have about 20,000 plus cardholders in Fairhope. Six or seven individuals are responsible for all of those requests for reconsideration."
He continued, "Since January, we have moved six books from the juvenile or teen section to the adult section. So, we are, I hope, engaging with good faith during that review process."
However, Moms for Liberty's Baldwin County chapter founder Rebecca Watson brought documentation of books still available at the teen section of the Fairhope library that she claims were the source of their initial complaints. She also rejected the premise that compliance with APLS's rules requires a formal challenge.
"It's my understanding that the librarians are supposed to weed the collection," Watson said. "They are not to rely on the patrons to bring reconsiderations forward until they have weeded their collection. And then, if we find a book, then we bring it to their attention. But they should be weeding their collection to relocate any books that are in violation."
Other speakers accused Wahl and board members of not caring about the state's libraries. Wahl took the accusation personally, pointing out that he had secured state funding to replace any potential lost federal funds due to the Trump administration's efforts to dismantle several agencies, including the Department of Education and the Institute of Museum and Library Services (IMLS), which distributes library grants.
Some librarians frequently complained that the APLS rules did not provide a definition for "sexually explicit" when determining a book's appropriateness.
Wahl seemingly agreed with the observation, and the board voted to provide libraries with a detailed definition of sexually explicit material.
"Sexually Explicit" is defined as any visual, written or audio content that depicts or describes sexual conduct, including:
- Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
- Sexual excitement;
- Nudity;
- Bestiality;
- Masturbation;
- Sadistic or masochistic abuse; or
- Lascivious exhibition of the anus, genital or pubic area of any person.
"This is an easy definition that we can pass today," Wahl continued. "It can be sent to local libraries, and they can know exactly what sexually explicit is when it comes to the state code."
Wahl also stated that he would craft another letter to send to libraries detailing the state's need to comply with Trump's executive orders and federal policies regarding gender identity and other social issues. According to Wahl, this would reduce the risk of federal funding cuts.
While the board did not vote on this measure, board member Amy Minton recommended adopting a new policy restricting books on gender ideology for children. This would further align state policies with recent state and federal laws and initiatives.
The board agreed to review the proposed letter until the next meeting.
"In alignment with these clear positions of both state and federal government, it is the opinion of the APLS Board that any library material that encourages, promotes or contains positive portrayals of transgender procedures, gender ideology, or the concept of more than two genders shall be deemed inappropriate for children and youth under APLS Code," the proposed letter reads.
The full letter reads:
“In accordance with clearly established state laws and federal executive directives, the APLS Board affirms its commitment to aligning its policies and content standards with the legal protections and standards that govern what is considered inappropriate for children in matters related to sex and gender.”
“Alabama’s ‘What is a Woman Act’, recognizes only two sexes—male and female—as objective, fixed, and clinically verified at birth based on reproductive anatomy. The law explicitly rejects the concept of multiple or fluid gender identities.”
“In addition, the Alabama Vulnerable Child Compassion and Protection Act prohibits the performance of sex-change procedures, including hormone therapies and surgeries, on minors within the state of Alabama. This statute reflects the state's interest in protecting children from irreversible medical interventions based on gender identity.”
At the federal level, the Executive Order titled ‘Protecting Children from Chemical and Surgical Mutilation’ expresses strong concern over the use of irreversible medical interventions on minors in the name of gender transition. The order states:‘Across the country today, medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a child’s sex through a series of irreversible medical interventions. This dangerous trend will be a stain on our Nation’s history, and it must end.’”
“In accordance with this order, it is now ‘the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures.”
“A second Executive Order titled, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," affirms that it is the official policy of the United States to recognize only two sexes—male and female—as fixed, biologically determined realities. The order states that sex is “not changeable and is grounded in fundamental and incontrovertible reality.” Furthermore, it directs that federal funds “shall not be used to promote gender ideology,” and instructs all federal agencies to review grant conditions and recipient practices to ensure that no federal funding promotes the advancement of gender ideology.”
“In alignment with these clear positions of both state and federal government, it is the opinion of the APLS Board that any library material that encourages, promotes or contains positive portrayals of transgender procedures, gender ideology, or the concept of more than two genders shall be deemed inappropriate for children and youth under APLS Code.”
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