Community Library Network board members recently moved ahead with creating an adults-only room in CLN libraries in Kootenai County.

While inviting the community to assist with flagging potential titles that could apply under the new “harmful to minors” wording in state law, Trustee Tim Plass said he wants to avoid opening up the CLN to bots or members outside North Idaho using up staff time with requests unnecessarily. 

“I don’t want to open up the entire United States with people giving us bogus requests just to bog us down,” Plass said.

The CLN has received 17 requests for relocation of material and no requests for reconsideration of materials since the harmful materials law went into effect July 1, 2024, according to Library Director Martin Walters. 

An item is eligible to be reconsidered for relocation only once in a three-year period unless the board determines sufficient new compelling evidence is introduced.

Walters discussed at length how the new law governing materials deemed harmful to minors is applying library procedure to a new rule. He said he temporarily removed 140 titles for review.

“I would just like to reassure the board that none of the 140 items have been removed from the collection or should be considered out of circulation, Walters said, adding that he sees nothing controversial or unprofessional about the handling of the relocation requests.   

“It’s got nothing to do with viewpoint or censorship, I’m just saying based on the text of the law and the text of a book, they match,” Walters said. 

The timeline for review of these materials in accordance with the state law and the CLN policy is that after a submission is made, CLN staff, at the direction of the library director, examine the material and recommend a decision within 10 business days. 

If the recommendation is for relocating the material because it is deemed harmful to minors, the relocation must be done immediately. 

If the recommendation is to not relocate the material, the case shall be submitted to the CLN Board of Trustees for their review.  

The CLN board decision must be decided no later than 60 days from the date the form was received. 

CLN policy states that, “unless the material in question has been deemed harmful to minors, and except as necessary for examination during the process, the material in question shall not be removed from its assigned location during the review process.” 

The final decision on the title in question “shall be implemented by CLN staff and the form submitter notified of the decision within five business days,” whether a decision is made by staff CLN trustees.  

CLN attorney Colton Boyles said the board is only tasked with evaluating whether the collections development department appropriately used the material selection and acquisition policy as a guide during the review process. 

“The board’s not actually tasked with reviewing the book,” Boyles said.

Boyles brought up an Arkansas case as potential fodder for lawsuits against the CLN if they take legal implications into account. 

An Arkansas school district’s decision to restrict access to Harry Potter books began a conversation over student free speech rights potentially being violated. The decision was overturned by a federal district court and the books were ordered returned to unrestricted circulation. 

“This case provides a cautionary tale for your board,” said that Library Alliance of North Idaho President Theresa Birkett, adding that the restriction might open the CLN to “significant liability.” 

The trustees approved changing library cards for minors into limited access cards. 

Trustee Tom Hanley urged shortening the period of compliance for the new policy to avoid a potential two-year gap between the policy being adapted and put into effect. 

The vast majority of the library cards for minors are open access cards. 

Board Chair Rachelle Ottosen abstained from the vote and Trustee Vanessa Robinson voted against the move to turn 8,906 open access for minor library cards to limited access.

In the discussion up to the decision, trustees said they didn't want minors in the CLN to be able to share with Washington library materials because of differing standards.

The measure was approved by the board, overruling Assistant Library Director Lindsey Miller-Escarfuller's concerns that there would be community outcry.

 Walters