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For nearly three hours Tuesday night, the Fairhope City Council heard from constituents on both sides about the Fairhope Public Library’s decision to keep certain books in the teen section that lost the library state funding.
While both sides were present, 75 percent of the 40 speakers signaled support for the library’s decisions despite the potential loss of state funding.
Most of the comments have been discussed in front of the council before—as well as other library boards and councils across the state. But Mayor Sherry Sullivan revealed that she has been speaking with John Wahl, chair of the Alabama Public Library Service and Alabama Republican Party, about the possibility of a state-level appeal process.
“I’ve had conversation with Mr. Wahl; we have talked about a possible appeal process,” Sullivan said. “He’s told me that he has been working on that committee made up of professionals, that if a book still wanted to be appealed to that possible three-person board at the state level that we could still appeal those books there if we basically wanted a second opinion.”
The APLS halted funding to the Fairhope library at its most recent meeting, arguing that the library had failed to comply with new state aid requirements by keeping certain sexually explicit books in the young adult section. A decision last week by the library board to keep two of those books–”Sold” and “Grown”—in the teen section have all but cemented that loss of state funding.
Wahl joined the Jeff Poor Show on Tuesday and said the library board’s decision indicates an agenda to sexualize children.
Some members of the council indicated that they still expect the board to come into compliance with the state aid requirements.
“What there seems to be a disagreement or misunderstanding of is what that definition of sexually explicit is,” said Councilor Jay Robinson. “It’s not my definition to give you guys, it’s not this council’s definition to give you guys; the definition of what qualifies as sexually explicit has got to come from the state. Whatever that definition is, I would expect—and I believe the council would expect—the library to follow the state’s definition.
“That doesn’t mean we don’t support the library; I love my wife, but I expect her to follow the law.”
There is no clear definition of “sexually explicit” within the APLS code itself. Instead, Wahl pointed APR to a section of federal code describing sexually explicit conduct particularly as it relates to child pornography, and even that code had two differing definitions based on context.
Councilor Jim Conyers said he would support the library in its decision on whether or not to move books, as he believed the library has an appropriate process in place.
“I do think there is a process in place that, if given time, will most likely lead tot he right decisions not he different books,” Conyers said. “I did, after (the last board meeting) read one of the books that was voted to be upheld and thought it was very well written, ‘Sold,’ and felt like it was appropriately shelved in the teen section.”
Several residents critical of the library’s decision threatened to keep council members from being reelected if they do not act to make the library move the books.
“As representatives of this city, you all are about as worthless as tits on a bull and I would seriously consider whether you all want to run for reelection this year or not,” said conservative attorney Brian Dasinger. “… Your actions as leaders of our city have shown clearly that you are not on board with the Trump agenda. Therefore, I am stating with no amount of uncertainty to everybody watching that a vote for any of these people might as well be a vote for Joe Biden, Kamala Harris, AOC or any other lunatic, crazy woke Democrat.”
The subject of what qualifies a book as sexually explicit came up numerous times throughout the comments, with supporters of the library leaning on the “Miller test” for obscenity: a three-prong test that serves as the template for Alabama’s definition of “harmful to minors.”
Wahl has given a different definition, stating that basically any description or depiction of nudity or any sexual act should be considered sexually explicit content and that any books containing sexually explicit passages should be clear from youth sections.
Rebecca Watson, leader of Baldwin County Moms for Liberty, tried to demonstrate to council members that funds raised by Read Freely Alabama to replace lost state funding mostly came from outsiders. Watson said only 25 percent of donations came from Fairhope residents.
Read Freely, however, said that about 40 percent of donations came from within Mobile and Baldwin counties, with another significant portion coming from within Alabama—only 16 percent either came from out of the state or the location could not be determined. Most of those donations came once the story became a matter of national and international interest, said Baldwin County chapter leader Elizabeth Williams.
Despite the amount of attention on the library Tuesday night, the council did not indicate any particular actions to be taken. Council members have previously stated that they have no interest in withholding funding from the library.
