Spanish Fort Library board adopts new collection policy limiting minor access to some materials; board says changes meet state guidance

The Spanish Fort Library Board voted to approve a revised collection development and reconsideration policy (Resolution L12025) that narrows automatic minor access to some materials and creates a formal two-step review process for challenged books.

Library attorney/ staff member Mister O'Connor, who presented the policy, said the changes were developed after months of work and review of state guidance. "This policy is a living, breathing document," he told the board, adding it is intended to balance constitutional protections, state law and local community standards.

The new policy requires parental consent for minors to access materials outside the library's children's section (defined as birth through age 12) and establishes a young-adult collection described in the policy as for ages 18–25. Under the policy, materials that the library determines contain sexually explicit content as defined by state statute (cited in the presentation as Alabama Code section 13A-12-200.1) will not be purchased for or located in the children's section and may not be accessed by minors under age 18 without parental consent. The policy also says books that "require parental guidance" — including items the presentation listed as addressing sexual orientation, gender identity, consent and sexuality education — must be separated in the collection and accessible to minors only with parental approval.

The policy sets a reconsideration process for challenged materials. If a patron requests reconsideration and meets criteria (the policy limits formal challenges to Baldwin County residents who hold a Spanish Fort library card in good standing), the library director and the board chairman comprise a first-step review team that must begin review within 15 business days and make a decision no later than 45 days after receipt of the request. Decisions available to that two-person committee are to retain the material, move it to a different collection, withdraw it from circulation, or refer it to the full board. O'Connor said removal or relocation requires the unanimous agreement of the library director and the board chairman; if they cannot agree, the matter goes to the full board.

The policy limits the number and frequency of challenges: a single title may be formally reviewed only once every three years, and there is a cap of four book complaints per resident per 12 months. The policy also says challenged materials alleged to violate rules protecting minors may be temporarily removed or relocated pending review; other challenges generally leave adult-section materials in circulation during reconsideration.

During public comment more than a dozen speakers addressed the proposed policy. Several residents warned of legal risk and described prior federal and state court rulings in other jurisdictions. Elizabeth Dunham, who said she was speaking for supporters of "intellectual freedom," cited recent cases she said held that relocating books because they contain LGBTQ themes can amount to viewpoint discrimination and "is censorship." She told the board, "When books are moved out of a section where children can freely access them simply because they contain LGBTQ themes, the action is more than a relocation. It is censorship." Angie Hayden, who said she co-founded a group involved in book-challenge litigation, warned that book removals historically have led to broader censorship and said oppositional groups sometimes urge extreme measures, telling the board she had heard activists say "burn the freaking books."

Other speakers said the policy would stigmatize LGBTQ people and families and risk harming youth. Sarah Ferguson, who identified herself as a Spanish Fort parent, cited studies on youth mental health and told the board, "Removing or moving age-appropriate books that reflect their lives and their families sends a dangerous message: you don't belong." Several speakers also described encountering books for very young children that depict same-sex parents or families and said those titles are not sexually explicit and belong in the children's section.

Board members and staff repeatedly said the policy's stated intent is not to ban or remove books from the library but to comply with state directives and to give parents control over what their minors may access. O'Connor said the policy attempts to implement state definitions and to preserve access: "These books are available anytime the library is open or you can check them out or you can ask for them," he said.

The board voted to approve Resolution L12025. In a roll call following the motion, members recorded affirmative votes from Smith, Perry, Wynn and Brad Brabner; the board chair announced the resolution approved.

The board and staff said they expect to review and revise the policy over time as state guidance, court decisions and community feedback evolve. O'Connor and others said the policy will be monitored for application and fairness.

The library director and the chairman will administer the new reconsideration steps; residents wishing to challenge a title are instructed to follow the library’s written reconsideration form and procedures, as detailed in the adopted policy.