Can I see your ID? How Idaho libraries are responding to law on ‘materials harmful to minors’

As the Community Library Network in Kootenai County plans to open an adults-only room for mature content, other Idaho libraries have reacted with a range of alternatives to comply with a new law about separating materials that have been labeled “harmful to minors.”
The law requires libraries to relocate these materials to an area with “adult access only” within 60 days of a minor or their parent or legal guardian requesting the material be relocated.
“Harmful to minors” is defined as any work containing nudity, sexual conduct, sexual excitement or sado-masochistic abuse, that when “considered as a whole” lacks “serious literary, artistic, political or scientific value for minors.”
Supporters say the law is helping to keep teens and kids safe from obscene material. Critics say that it’s really keeping books relevant for kids and teens out of their hands.
Two previous bills in the Idaho Legislature attempted to hold library employees criminally and civilly liable for distributing “harmful materials.” One of the bills failed to pass, the other was vetoed by Gov. Brad Little. A relatively less restrictive bill passed in April and went into effect July 1.
A group of schools, libraries and parents filed a federal lawsuit to try to block the law on First Amendment grounds. The case is under review.
Here’s how other libraries have responded.
Coeur d’Alene Public Library
The library in Kootenai County is independent from the Community Library Network and has not had to change its policies in response to the law because the children’s section is located on a separate floor, library spokeswoman JD Smithson said.
However, children have full access to the library.
“It is only the parents and legal guardians who may restrict their children’s – and only their children’s – access to library materials, resources, and services,” the library’s policy manual states.
East Bonner Library District
The library district based in Sandpoint with a branch in Clark Fork has made no structural changes to its collections, but did introduce a restricted card option parents can request for their children, Library Director Vanessa Velez said.
The library has a standard disclaimer stating that it is not responsible for unattended children.
“The Library will not attempt to regulate the age at which a child may safely and appropriately use the Library without a parent or caregiver present,” the unattended child policy states. “The responsibility for such a determination rests with the parent or caregiver.”
Minors are free to roam the general adult collection and check out adult-level books if they have an unrestricted card.
Velez said the library has received no relocation requests since the law went into effect.
“Our community hasn’t been too interested in fanning the flames of the culture war,” she said.
Libraries that pre-emptively segregate materials – rather than respond to relocation requests as they come in – are going beyond what the law requires, Velez said.
Some smaller libraries may choose to restrict their entire adult collections because they cannot afford legal representation and insurance will not cover this kind of litigation if they are sued under the law, she said.
West Bonner Library District
The library district based in Priest River with a branch in Blanchard updated its library card policy to require parents to sign three disclaimers if they open a card for their child: the library does not monitor what kids check out or what they look at in the library, and they have access to public computers.
Library Director Meagan Mize said only one parent refused to sign.
Few children go to the library by themselves, and most parents are very mindful about what their children read, Mize said.
She said the new law was unnecessary because libraries already had a process to challenge books.
“Why some libraries are taking it upon themselves to make adult rooms is disturbing,” Mize said.
Despite that, Mize said that had the previous bills passed, she would have made the entire library adults-only because of the extra liability.
Boundary County Library
The library in Bonners Ferry faced vocal challenges to several books before the new law was passed.
In 2022, the former library director resigned over fear of threats.
Ultimately, the library culled several books by Ellen Hopkins from its collection because they were checked out infrequently, Library Director Lynn Silva said.
Hopkins is the author with the most books on a list of 140 titles under consideration by the Community Library Network for its adults-only room.
The Boundary County library board reviewed one other book, “Me and Earl and the Dying Girl,” by Jesse Andrews, and agreed to move it from the teen to the adult collection in 2023. “Me and Earl and the Dying Girl” is also on the Community Library’s list.
On advice of their legal counsel after the law passed, the Boundary County Library limited minors’ access to only the children and teen sections in the basement. Children are only allowed upstairs in the general adult section if they are accompanied by a parent.
Adrienne Norris, the parent who challenged the library’s books, said she thinks the library’s policy went too far because it means kids can’t go to the adult section to check out something like a cookbook.
The adult section also includes a large selection of Christian literature, which children under 18 can’t check out, Silva said.
Latah County Library District
Based in Moscow, the Latah County Library District has branches in Bovill, Deary, Genesee, Juliaetta, Potlatch and Troy.
Library Director April Hernandez said the library board updated its relocation request policy to match the law’s requirements.
So far, the library has not received any requests.
“The burden of proof is on them to prove it is actually obscene for children,” Hernandez said.
The library does not have much room for a separate mature content collection. If it ever needs to, the library would store such books in the Moscow branch’s basement board room, Hernandez said.
Donnelly Public Library
A small town near McCall drew national headlines when its entire library announced it would become “adults only” after the new law went into effect last summer.
Technically, children can still use the library, but parents have to sign a waiver. The library runs the town’s only after-school program.
Library Director Sherry Scheline said there is not enough space in the tiny one-room building to separate materials.
Parents can choose one of three waiver options: the parent agrees to be present with their child at all times, their child may use the library without them but cannot check anything out, or the parent waives their rights under the Idaho library law.
Scheline said all but four families chose the third option.
The library still faces stigma for being “adults only,” Scheline said. Some people assume that means it has pornography on the shelves, which it never has. It does have some books with mature content – books Scheline wouldn’t want her kids reading, but that’s her choice as a parent, she said.
The library’s restrictions mostly hurt children with inactive or busy parents who never come in to sign the waiver, Scheline said.
Her biggest concern is low reading levels in the area.
“The last thing we should be doing is eliminating books from the hands of children,” Scheline said. “The penis of the statue of David is the least of our problems when our children cannot read.”
Idaho Falls Public Library
Similar to Bonners Ferry, the Idaho Falls library is restricted by floor. The third floor’s general collection is for adults only, unless the parent approves an unrestricted library card for their child or the parent accompanies their child and signs an affidavit every visit.
A stop sign warns that anyone under 30 should be prepared to show photo ID.
Unrestricted cards for minors still prohibit checking out adult graphic novels or DVDs.