Texas Bookstores Are Fighting a Law That Targets Some of the Most Vulnerable Readers

As book-banning efforts continue to spread throughout the United States, a group in Texas is pushing back. The American Library Association found that the number of book challenges recorded in 2022 was the highest since the organization began collecting that information two decades ago. Unfortunately, there’s a strong possibility that 2023 will set another new record for book-banning efforts. Conservative parents and politicians have been leading the book-banning effort, with several states passing legislation restricting the materials children can access in both schools and public libraries.

The books most frequently targeted by bans are those dealing with topics related to race, gender, sexuality, or the LGBTQIA+ community. What these individuals are really doing is trying to ban every book that they personally dislike or disagree with. However, they try to veil their motives by insisting that the books they are banning are sexually explicit. Legislation is being passed in an attempt to restrict any materials from classrooms and libraries that are deemed inappropriate due to sexual content. What constitutes “sexual content” or “sexually explicit” material is purposefully left very vague so that nearly any book can be banned for this reason, even if the sex references are not graphic or are meant to educate or raise awareness.

Texas is now poised to pass legislation that would ban “sexually explicit” material from classrooms. House Bill 900 passed the Senate and House and was signed into law by Governor Greg Abbott on June 13, 2023. The restrictive law was supposed to go into effect on September 1 and would’ve required book vendors to review and assign ratings to every book sold to school libraries. Any books rated “sexually explicit” would not be allowed to be sold to schools. Plus, the Texas Education Agency could disagree with any rating and assign it a different one. Books rated as “sexually relevant” could be sold to libraries, but students would need parental consent to check them out.

Two Texas bookstores fight back against House Bill 900

House Bill 900 did not go into effect on September 1 due in part to the efforts of a group of booksellers in Texas. Austin’s BookPeople and West Houston’s Blue Willow Bookshop are two Texas-based bookstores listed as plaintiffs in a lawsuit filed over the bill. These bookstores were also joined by the American Booksellers Association, the Association of American Publishers, the Authors Guild, and the Comic Book Legal Defense Fund in filing the suit.

The suit alleges that the bill violates the first and 14th Amendments by forcing book vendors to agree with the government’s view. The decision of which books a school library holds should be determined by teachers, parents, and students, not by the government. Additionally, the bill is demanding something that is impossible. Vendors do not have the resources to review and rate every book they sell to libraries. The financial strain and waste of labor and resources this bill would require would significantly impact how well these vendors can serve the community. The suit also points to how easily the legislation can be abused to target books that explore LGBTQ+ themes and other important topics with the false claim that they contain “sexually explicit” material. Then there’s the fact that TEA determines the final ratings anyway, but still forces the vendor to accept the rating and present it as their own.

In response to the suit, District Judge Alan D. Albright granted a temporary injunction that prevents the law from being enforced until a final decision is reached. It is refreshing to see pushback as these laws sweep across the United States, attempting to restrict access to readers and putting unnecessary burdens on libraries, bookstores, and schools. What’s especially concerning is that even “sexually relevant” books will be restricted from students unless they attain parental consent. Students seeking help on topics they may be struggling with, like being victims of abuse or understanding their sexuality, will find most resources banned, or they may be too scared to get their parents involved in requesting a book on a sensitive topic. We hope those taking a stand against this bill will prove successful and inspire more pushback against these efforts that intentionally target vulnerable readers.

(via Texas Tribune, featured image: Getty Images)