North Dakota Could Jail Librarians Who Don’t Comply with Book Bans

North Dakota lawmakers have introduced new legislation banning books with “sexually explicit” content from public libraries in the name of protecting children. In recent years, many similar book bans have been put into effect, most regularly affecting school libraries. House Bill 1205, however, would ban public libraries from stocking banned books. In addition to restricting access to LGBTQ-inclusive texts, which are most often targeted under these bans, the bill would include a provision that could result in jail time for librarians who fail to comply.

Introduced last week by North Dakota House Representatives Mike Lefor and Vicky Steiner, the bill would redefine “explicit sexual material” to include “deviant sexual intercourse,” “sadomasochistic abuse,” “sexual perversion,” “sexual identity,” and/or “gender identity.” Neither “deviant” nor “perversion” are defined in the bill, a likely intentionally vague wording that could apply to just about anything.

The public would be able to submit removal requests to public libraries against books that violate the bill. Libraries must develop individual review processes, and if found guilty of possessing books in violation of the law, would need to remove said books within 30 days of receiving the initial request. Those who are found guilty of continuing to stock banned books would be guilty of a Class B misdemeanor, which carries a penalty of up to 30 days in jail, a fine of $1,500, or both.

Lefor cited the graphic novel Let’s Talk About It: The Teen’s Guide to Sex, Relationships, and Being a Human as one reason why he put the bill forth, according to the Bismarck Tribune. Referencing illustrations of nudity, Lefor stated that he thought the content was “disgusting,” and that public libraries “should put it in a restricted area where (children) need to get permission from their parents to take a book out like this, but they’re offering it to junior high school kids… and when we grew up, we didn’t need things like this.”

“This is not a way to raise our kids, and we have to do everything we can to make sure that this doesn’t get into the hands of children, especially without their parent’s knowledge,” Lefor tells the local press.

The proposal of House Bill 1205 comes just days after North Dakota lawmakers introduced a bill that would ban doctors from providing transition-related healthcare to minors, including hormone blockers, hormone replacement therapy, and surgeries. The nicknamed “Help not Harm” bill would strip doctors who provided gender-affirming care of their licenses and would allow patients who’ve received gender-affirming care to take retroactive civil action up to the age of 25.

These are just two examples of the rapid onslaught of anti-LGBTQ legislation being proposed every day in this country. The American Library Association reported that 681 attempted book bans had been filed in the first eight months of 2022, the highest in decades. Several states enacted laws in 2022 restricting trans student participation in athletics, while Alabama passed a first-of-its-kind youth medical care ban similar to the one now being proposed in North Dakota.