Wyoming libraries are in trouble

Banned Books Week, which wraps up Saturday, has long been a time to celebrate the freedom to read and the value of open access to ideas. This year, in Wyoming, that freedom is under direct threat.

The Wyoming Legislature’s Joint Judiciary Committee, bolstered by the Wyoming Freedom Caucus, will meet at 9:30 a.m. on Monday to consider a bill that would ban “sexually explicit materials” from school libraries and from areas in public libraries accessible to individuals under 18.

Libraries would be fined $50,000 per violation. The bill would allow anyone to sue a library if they believe the policy has been violated. At the October meeting, the committee may entertain amendments to the current bill, possibly exempting materials designed for sex education purposes and sacred texts such as the Bible. Yes, the Bible would be banned under this law. They could lower the fine and may also define an appeal process for libraries. But the real problem with the bill is that it isn’t needed in Wyoming.

We already have robust obscenity laws. What’s new, and dangerous, is the attempt to impose a narrow moral standard on all Wyoming families, regardless of their own values. Parents absolutely have the right to guide their children’s reading, but they shouldn’t decide what other people’s children can or cannot read. This bill would force librarians into the role of moral gatekeepers, while threatening them and our libraries with financial ruin for doing their jobs.

Here in Wyoming, we know the value of our library. It’s not just a place to check out books; it’s a space that supports our kids’ learning, fosters community engagement and provides access to information for residents across the spectrum. 

Decisions about access should reflect local values, not political agendas. Librarians are trained professionals with the best interests of children in mind. Wyomingites should not have their access limited by the government or state legislation. Decisions about library access should come from local library boards and local school boards, with input from the community.

The proponents of this legislation say they aren’t banning books; they just want them to be “shelved appropriately.” But restricting access to a book is, in effect, a ban. The egregious proposed fine would not only have a chilling effect on free speech, but a freezing effect on any county budget faced with the possibility of such a fine, or even the cost of defending against such a lawsuit.

Wyoming’s proposed legislation includes a fine twenty times larger than the $2,500 fine attached to a similar bill that passed the Idaho Legislature but was vetoed by Gov. Brad Little, who deemed it fiscally irresponsible. Little stated that the penalty “will only increase the costs local libraries incur, particularly rural libraries. These costs will be forced onto property taxpayers of Idaho or cause libraries to close to minors altogether.” On the second attempt, the bill passed with a fine of $250. Even with the reduced fine, small rural libraries in Idaho have decided to restrict or eliminate access to patrons under 18 to comply with the legislation, just as small rural libraries in Wyoming may be forced to do.

Beyond the cost, the legislation is likely unconstitutional. Wyoming law already mirrors the U.S. Supreme Court’s definition of obscenity under Miller v. California, which requires that material must be patently offensive and lack serious literary, artistic, political or scientific value. The new bill makes no effort to align with that legal standard. It uses broad, undefined terms like “sexually explicit,” which could sweep in countless works of literature — including titles that have won prestigious awards and helped generations of young readers understand themselves and the world.

This year, during Banned Books Week, I find myself grieving. Grieving the erosion of First Amendment protections in a state that prides itself on personal liberty. Grieving the pressure placed on local libraries, already stretched thin by funding cuts. Libraries have long been one of the most trusted civic institutions in America, places that provide enrichment and opportunity at every stage of life.

I also will be fighting. I will protest this legislation in memory of my mother, who grew up on a homestead 15 miles north of Medicine Bow, and who told me that the best day of every month was when the Albany County Library’s box of books arrived with the mailman. I will insist on the freedom to read and to encourage my children to read books that challenge, comfort and inspire. In that spirit, I just ordered the three most-banned books in the country today.

Wyoming is a place that values education, individuality and freedom. We should stand up against this unnecessary and dangerous legislation. Our libraries must remain open, inclusive and reflective of the diverse community they serve, not the political whims of a vocal few.