The City of Huntington Beach is facing a legal challenge over its policy on reviewing and relocating books containing sexual content in public libraries. The ACLU, along with other groups, including Orange County’s first transgender-led nonprofit, has filed a lawsuit against the city, arguing that the policy violates California’s Freedom to Read Act and the state constitution.
The lawsuit comes after the city council ordered librarians to move books deemed obscene or pornographic, leading to concerns about censorship, particularly regarding LGBTQ+ and educational content.
The Controversy: Book Relocation Sparks Legal Battle
The issue began when the Huntington Beach City Council directed library staff to review and relocate books that were considered to have explicit content.
What Happened?
- Hundreds of books from the children’s and teen health sections were reviewed.
- Books about the human body, puberty, and toilet training were moved to the adult section.
- The city council proposed a Children’s Review Board to oversee future book purchases and relocations.
Critics argue that this move targets LGBTQ+ books and limits access to important educational resources, particularly for transgender and non-binary youth.
Lawsuit: ACLU and Advocates Fight Back
The ACLU, along with local organizations, claims that Huntington Beach’s actions amount to censorship and violate Californians’ right to access information.
Khloe Rios-Wyatt, co-founder of Orange County’s first transgender-led nonprofit, stated:
“We are seeking to sue the city of Huntington Beach to get our freedom to read again. Going into a library is a right that we have.”
The lawsuit alleges:
- Violation of the California Freedom to Read Act
- Unconstitutional censorship
- Discrimination against LGBTQ+ communities
“When it comes down to censorship, they are censoring us. They are removing information that helps our community, especially our youth,” Rios-Wyatt said.
Huntington Beach’s Response: No Books Have Been Banned
Huntington Beach Mayor Pat Burns defended the city’s actions, stating:
“Contrary to what is referenced, the City has maintained its stance that no books have been banned or removed.”
The city argues that:
- Books are not being banned, just relocated.
- The goal is to protect children by keeping certain content in age-appropriate sections.
- The Children’s Review Board will help decide which books belong in children’s libraries.
However, opponents argue that moving books to restricted areas makes it harder for young people to access information about health, identity, and sexuality.
Residents Push for a Public Vote
Thousands of residents have signed a petition demanding that the public decide on the issue. The city will determine on Tuesday when an official election will be held.
Potential Outcomes:
- If the measure passes, the Children’s Review Board will have final say over library book selections.
- If it fails, the current book relocation policy could be overturned.
The legal battle continues, and the court’s decision could set a major precedent for book policies in public libraries across California.