Nationwide regulations on the display of sexually explicit books in libraries officially enshrined in the administrative code

The Alabama Public Library Service (APLS)’s new rule changes, made by Governor Kay Ivey in response to citizen concerns about sexually explicit and obscene children’s books, officially became part of Alabama’s administrative code on Monday.

The APLS board voted to adopt Ivey’s proposed rules in May after receiving nearly 6,500 letters during a lengthy 90-day public hearing period. Most letters, both in support and opposition, said Ivey’s recommendations were too vague.

Ivey became involved after Alabama residents began petitioning the APLS board to address the recent nationwide controversy surrounding sexually explicit or inappropriate books in the children’s sections of public libraries.

In September 2023 Ivey sent a letter to APLS Director Nancy Pack and demanded answers about the sexually explicit books and the APLS’s affiliation with the American Library Association (ALA).

Ivey later responded with a series of policy recommendationswhich were postponed during the public comment period of the deliberations on the rules.

The guidelines prescribe the criteria libraries must meet to receive government funding. Most of the changes concern placement and selection guidelines to avoid placing sexually explicit books directly in the children’s section.

The board accepted some amendments proposed by APLS board member and Alabama GOP Chairman John Wahl. It adopted the amended rules in their entirety, with the exception of APLS Board Chairman Ron Snider, who cited fear of potential litigation as a reason for not supporting Wahl’s amendments.

Amy Minton, the newest board member of APLS after Ivey fired then-board member Virginia Doyle, praised the new rules and thanked Ivey for her appointment.

Wahl’s amendments place several demands on libraries, on whose continued funding they depend.

• Establish policies that govern selection criteria for minors and how they will be protected from sexually explicit or other material deemed inappropriate for children or young people.

• Approve written policies to ensure that library areas designated for minors under 18 remain free of obscene, sexually explicit, or other material deemed inappropriate for children or young people. Age-appropriate material on history, religion, biology, or human anatomy should not be construed as a violation of this rule.

• Approve written eligibility criteria for minors that prevent the purchase or other acquisition of material advertised to consumers under 18 that contains obscene, sexually explicit, or other content deemed inappropriate for children or young people. Age-appropriate materials on history, religion, biology, or human anatomy should not be construed as a violation of this rule.

• Approve written policies that establish library cards for minors under 18 years of age and require parental consent before a minor’s card may be used to borrow materials.

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