WASHINGTON COUNTY, ARKANSAS, Ark. — Amid the controversy surrounding Act 372, the Washington County Library Committee is making plans to adjust as necessary.
Act 372 is a state law set to go into effect in August that criminalizes making certain materials available to minors in public libraries and bookstores.
Washington County Library System Director Glenda Audrain told the committee in their Zoom meeting Thursday that she has been working with the county to design a procedure for when someone has a complaint about an item in the library.
The plan is for those who have complaints to set up a meeting with Audrain who would then meet with a committee of professional librarians.
“We would review those materials and decide whether they're adequate, and if they fill a need in the collection,” Audrain said.
If they find that the challenged titles do not add value, they will be relocated.
In the case that the material does add value, the matter will go to the quorum court for a vote on whether it will remain in the library.
This all comes as several public libraries, bookstores, and individuals are joining a lawsuit against the act, alleging that it is unconstitutional.
University of Arkansas Professor of Law Danielle Weatherby explained that plaintiffs are concerned that the way the law is written is too vague.
“The act defines harmful material, according to the United States Supreme Court's definition of obscenity,” Weatherby said, “but it also criminalizes conduct that is not specified in the act itself. So the plaintiffs in the lawsuit are taking issue with the fact that the act criminalizes conduct that is unclear and perhaps overly broad.”
Under the law, making materials that are considered harmful under the Supreme Court’s definition available to minors would be a Class-A misdemeanor.
“What does it mean to make material available? Does it mean to leave it out on a shelf? Does it mean to physically provide it to a minor? What precise conduct would offend the language in that provision?” Weatherby said.
As the lawsuit continues, Audrain says the Washington County Library System will be prepared for whatever comes their way in August.
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