The Huntington Beach Library System’s policy of making certain library materials, including sexual content, inaccessible to underaged patrons without parental consent is unlawful, an Orange County Superior Court judge ruled Friday.
The decision came down in favor of those who challenged Huntington Beach’s library restrictions after an LGBTQ advocacy group called Alianza Translatinx teamed up with two high school students as well as the American Civil Liberties Union Foundation of Southern California and the First Amendment Coalition to sue the city last March. The judge agreed that Huntington Beach’s policy violated the California Freedom to Read Act and the California Constitution.
Attorneys for the city tried to undermine the legal challenge, saying the lawsuit was pointless because it had not yet implemented the restrictions.
But the judge said the city is still prohibited from making plans that could limit Californians’ constitutional rights while also accepting the challengers’ claims that the city had begun implementing the restrictions.
The ruling also found that the city does not have authority to have ordinances that are in conflict with state law despite being a charter city.
The court order effectively bans the Orange County city from enacting its 2023 resolution to implement the restrictions.
“The freedom to read is one of the fundamental pillars of democracy, and today democracy won,” said Erin Spivey, a plaintiff in the case.
Alianza Translatinx praised the ruling Friday, saying the decision was a “victory” for its communities as well as for youth.
“The court made it clear that Huntington Beach cannot censor books simply because of whose stories they tell. Representation saves lives, and access to knowledge is essential to dignity and equality for all,” said Khloe Rios-Wyatt, founding member and CEO of Alianza Translatinx.
The plaintiffs had argued that the phrase “sexual content” by Huntington Beach Library is too broadly used for sweeping censorship, even blocking literary classics such as “The Great Gatsby” and “Romeo and Juliet.”
The complaint also alleged the city was also impeding access to educational materials on gender identity and reproductive health.
One of the books banned for rental by minors at Huntington Beach public libraries include ‘Everyone Poops,” a children’s book which illustrates animals, including humans, having to defecate as part of their biology.