State Rep. Al Cutrona introduced legislation in the Ohio House to prohibit public libraries from allowing those under the age of 18 to borrow or view materials deemed “harmful to juveniles” without parental consent.

“There are a lot of books that parents frankly believe to be obscene and should not be out in public for their children to see,” Cutrona, R-Canfield, said.

The “harmful to juveniles” definition in Ohio law, updated April 4, 2023, is “any material or performance describing or representing nudity, sexual conduct, sexual excitement or sado-masochistic abuse in any form.” That includes material that “is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles,” and “lacks serious literary, artistic, political and scientific value for juveniles.”

“The amount of calls I’ve received from my constituents for the past year, year and a half, concerned with materials at eye level that are accessible to young people is great,” Cutrona said.

The legislation states each board of public library trustees shall adopt a policy that requires each library under its control to conceal the questionable material by placing it behind blinder racks or similar devices that cover at least the lower two-thirds of the material, wrap the items, place them behind a circulation counter or placed where it is not open to the view of minors.

Anyone can file a complaint over material believed to be “harmful to juveniles” with the state library board, which would investigate whether the library is complying with the requirements.

Public libraries found in violation would have their state funding withheld, though Cutrona said he plans to add language to allow libraries to resolve the matter by being in compliance with his proposal.

“I’m not looking to charge anyone with a crime,” Cutrona said. “No one is saying they can’t have this material. They just can’t have it on display in front of children or let them borrow it without parental consent. If a library wants to go in a different direction, they can’t receive our tax dollars.”

In the past three years, at least 27 states — largely controlled by Republican politicians like Ohio — have considered similar legislation with eight passing laws, though two were later vetoed and one blocked by the courts, according to The Washington Post. Several of those proposals in other states include criminal charges against librarians.

Jim Wilkins, executive director and fiscal officer for the Warren-Trumbull County Public Library, said, “We are very disappointed to see legislation like this introduced” because “our library has always had a policy of being open to all.”

Wilkins added, “Legislation like what has been introduced can be a significant detriment to our public libraries and our patrons’ right to have access to information. Our highly qualified and knowledgeable librarians use a very thorough and thoughtful process when we select materials to make available for the public. We provide people with a range of materials and we understand that not everyone might agree on what others may choose to read.”

Aimee Fifarek, director and CEO of the Public Library of Youngstown and Mahoning County, said, “We have a wonderful staff and a very professional and thoughtful process when we select materials to make available to the public. We provide people with a range of reading material and we understand that not everyone might agree on what others may choose to read. We pride ourselves on our focus on families in our libraries.”

She added, “Anyone who knows the library knows we put families and children first and provide a safe experience for everyone.”

The Ohio Library Council said, “Legislation like this can have a significant chilling effect on many of our public libraries and our patrons’ rights to have access to information.”

It also stated the bill “poses significant challenges to the core principles that libraries uphold, including freedom to access information without censorship or undue restrictions.”

The American Library Association, the nation’s largest library association, “opposes all attempts to restrict access to library services, materials and facilities based on the age of library users. ”

The ALA said, “Children and young adults unquestionably possess First Amendment rights, including the right to receive information through the library in print, sound, images, data, social media, online applications, games, technologies, programming and other formats. Constitutionally protected speech cannot be suppressed solely to protect children or young adults from ideas or images a legislative body believes to be unsuitable for them.”

Libraries and schools have seen a significant increase in attempts to censor library materials, according to the ALA.

Cutrona said there is still time left this year for the state Legislature to pass his bill. If that doesn’t happen, Cutrona said he plans to reintroduce it during the next legislative session.

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