Local voices, divided views over bill on obscene materials in libraries

When local librarian Erica Rorvik and Library Board Chair Jessica Lewis headed to Pierre last month, they were among a number of voices speaking out against a proposed bill that would have made it illegal for librarians to give minors access to obscene materials.
House Bill 1239 made its way through both chambers during the legislative session and was signed into law late last month by Gov. Larry Rhoden. The version that passed, however, was stripped of the original felony provision that would have held librarians criminally liable.
Lewis, who is also a library volunteer and local mom, said she felt she had to speak out against the original version of the bill because it, …was a poorly written, vague, and heavy-handed approach to concerns about content and placement of books and other library materials.
Rorvik shared those concerns, adding that she especially worried about volunteers or part-time staff who might not be familiar with the content of every book. She feared someone could inadvertently violate the law by helping a child access material deemed inappropriate.
What we didnt include in our earlier coverage was the perspective of a legislator in support of the bill, including the original version.
District 25 Representative Les Heinemann reached out to the Moody County Enterprise this past week and shared that he believed the initial proposal held librarians to a standard he considered fair.
Who knows better than the librarians what is in each book that they order and the content that it contains. Examples shown to us of pornographic material that was available to minors in some schools was appalling. No one wants to be held accountable, he said.
The change we were trying to make in state law would require all individuals to be responsible for knowingly providing pornographic and obscene material to minors.
Heinemann also pointed out that similar laws are already on the books in 12 other states, and there are widely agreed upon standards clarifying, in this case, what types of materials are deemed obscene.
While the felony charge was ultimately removed, the version that passed now requires schools and libraries to publish their policies related to obscene materials.
Sioux Falls Representative Bethany Soye was the bills prime sponsor.
Both supporters and opponents of the measure say they expect the issue to resurface in an upcoming legislative session.