Bill meant to ‘protect children’ could penalize library staff. What it means for Middle GA

Recently proposed legislation aimed to remove legal protections for libraries in Georgia is inching its way through the legislative process.

Currently awaiting a House committee vote, Senate Bill 74 seeks to repeal a longstanding state law that exempts librarians from penalties related to distributing harmful materials to minors. If passed, library staff could face criminal charges if material deemed inappropriate is made available to minors.

The law would potentially open librarians up to prosecution under Georgia Code Section 16-12-103, which says it is illegal to sell or distribute “any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains ... explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.”

Jennifer Lautzenheiser, director of the Middle Georgia Regional Library System, said she has been following the bill through committee because it would bring a significant change.

“One of my roles is ensuring that the library program and staff members follow all applicable laws and regulations,” Lautzenheiser said in an email. “I think there’s still a lot that is not fully defined, which could impact how those under 18 access materials in public libraries.”

Sen. Max Burns, chief sponsor of the bill and a Republican in Sylvania, said he is not trying to criminalize librarians. He merely wants to protect minors from materials that are not age-appropriate.

“It’s not a new law. It doesn’t restrict access. At the end of the day, what it does is protect children,” Burns said at the state Senate’s education and youth committee last month. “Ladies and gentlemen, this is not controversial. This is common sense.”

Burns said he also hopes the bill will help highlight the importance of classifying material correctly.

“We’re not saying remove the books from the library. We’re saying put the book in an appropriate area in the library,” Burns added.

Lautzenheiser said the Middle Georgia Regional Library System, which operates 17 physical branches across seven counties, already requires children 13 and under to be accompanied by an adult while using library services.

“It is that parent’s role to monitor what is appropriate for their family,” Lautzenheiser said. “With parents being present with children, we feel this meets the requirements.”

Lautzenheiser added she is concerned about how the bill would impact teens between the ages of 14 and 17, as they are currently able to use the library and select materials independently.

SB 74 intends to balance access to information while protecting young minds, advocates of the bill say.

“We are matching our focus to that of the lawmakers, specifically on the access to materials,” Lautzenheiser said. “As a publicly funded institution, it is important for our collection and services to reflect the individuals present within our community. We commit to continue to support parents in locating the best materials for their family.”

How does this affect ongoing issue in Monroe County?

The legislation was also introduced at a time when Monroe County leaders are navigating legal criteria regarding book placement, following a year-long public debate about LGBTQ+ themed books being located in the children’s section of the county’s public library.

Monroe County Commissioner Alan Gibbs said there haven’t been any major updates on the issue yet. He said the commissioners want to give three new library board members the chance to settle in before carefully moving forward.

“We’re not attacking LGBTQ books. We’re attacking pornography,” Gibbs said, adding that the books in question coincidentally had LGBTQ+ undertones.

Gibbs said the library has relocated Maia Kobabe’s memoir “Gender Queer,” which has faced national backlash, from the young adult section to the adult section, reflecting positive progress.

The Monroe County Public Library did not respond to media questions prior to publication.

Gibbs said that there has been no formal discussion about SB 74 among the board of commissioners.

While SB 74 does not specifically mention LGBTQ content as “harmful to minors,” the timing of its proposal has prompted concerns that such materials addressing issues of sexuality or gender identity could be caught under the bill’s provisions.

“This legislation is not about protecting children. It’s much more about censorship, fear and government overreach into our institutions,” Democratic Sen. Elena Parent said. “Librarians could face criminal charges for furnishing books that contain vaguely define sexually explicit content deemed ‘harmful to minors.’”

What would consequences be for librarians?

If the bill passes and a library staff member is found to knowingly distribute “harmful” materials to minors, they could be charged with a misdemeanor of a high and aggravated nature, which potentially would lead to jail time or fines, according to state law.

Lautzenheiser said she couldn’t speculate on the potential consequences associated with the legislation, as many details haven’t been clarified.

Gibbs said he supports the bill but expressed concerns about holding librarians accountable without sufficient proof of intentional wrongdoing, particularly when collections hold over thousands of books.

“I don’t believe in any way that you can say, ‘Hey, this librarian is doing this deliberately and trying to secretively give out obscene, pornographic books without more proof than there just being a book in the library,” Gibbs said.

Although SB 74 would expose librarians to penalties, it also gives library staff a way to defend themselves if they did not “knowingly” distribute harmful material into the hands of a minor.

The bill also provides a defense for librarians who make “good faith attempts” to identify and remove the harmful materials.

If it passes, the law will become effective on July 1.