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Mitchell trustees to use complaint process to comply with new state law on minors and obscene material
Summary
Per city attorney guidance, the library will meet a new state statute'9s requirements by using its existing collection‑challenge/complaint process rather than pre‑reviewing all materials; director Kevin said the Miller test defines a narrow legal standard.
At the meeting Kevin summarized legal guidance the library received from the city attorney on complying with a new state statute that requires local libraries to adopt measures restricting minors'9 access to obscene material.
Kevin told the board that the city attorney suggested the library could use its existing collection development and challenge procedures to comply, rather than pre‑screening all materials. Kevin explained the statute references the Miller test and said, "it has to meet all 3 prongs of the Miller test to be considered obscene," a narrow legal standard that limits the range of material likely to qualify.
Kevin also noted the library has edge‑level filtering on public computers, purchased using a state ARPA grant, and that the director'9s recommended approach would be to add a few sentences to the collection development policy to document the complaint/review process and the legal standard the library will apply. He asked the board for direction; members expressed support for adopting the attorney'9s approach and asked staff to draft the policy update in time to meet the Jan. 1 deadline specified by the statute.
No changes were made at the meeting; the director said he will draft the policy language and bring it back for board approval.
