The Alabama Public Library Association has vocalized a number of concerns local libraries could be facing, including requirements to receive state funding and the likelihood of temporary closures, in the wake of administrative code changes approved by the state’s library service board of trustee’s last month.

At the recommendation of Alabama Governor Kay Ivey, the Alabama Public Library Service approved several changes to its administrative code largely centered around the availability of what some groups have described as “sexually explicit” content to minors. Ivey’s recommended policy changes include:

— Approving written guidelines that ensure library sections designated for minors younger than the age of 18 remain free of material containing obscenity, sexually explicit or other material deemed inappropriate for children or youth. Age-appropriate materials regarding religion, history, biology or human anatomy should not be construed to be against this rule.

— Approving written selection criteria for minors that prevents the purchase or otherwise acquiring of any material advertised for consumers younger than the age of 18 which contain obscenity, sexually explicit or other material deemed inappropriate for children or youth. Age appropriate materials regarding religion, history, biology or human anatomy should not be construed to be against this rule.

— Approving written guidelines that establish library cards for minors younger than the age of 18 must require parental approval before a minor’s card is permitted to checkout materials from the library’s adult sections.

During a virtual town hall meeting Thursday, June 6, Alabama Library Association Treasurer, Jessica Hayes said she believed Ivey’s proposals were “good-faith policy changes” despite a counter proposal from the association being rejected.

However, Hayes brought up several concerns surrounding amendments to the approved changes brought by board members Amy Minton and John Wahl.

Wahl also serves as the chair person of the Alabama Republican Party.

One of Hayes’ main concerns was the timeline in which these changes would need to be implemented. She said it remains unclear if libraries would need to have policies in place by July 15, when the amendment becomes finalized, or if state funding would still be available as long as libraries took appropriate measures by October 1 when the APLS begins the process of distributing state funds.

Even to meet the lengthier October deadline, Hayes said many libraries would require the immediate redirection of library staff which could potentially disrupt popular summer reading programs.

Assistant Director of the Cullman County Public Library Shelby Creekmore said she didn’t think “any libraries would be able to get these things done,” if the July deadline is enforced. However, she said her and Director Amber Thornton have been proactive in dividing up the responsibilities of reviewing the library’s current policies and was confident that no interruptions or closures would be necessary.

“We are reviewing our policies and our disaster plans and things like that so we are already working on those things and our summer reading shouldn’t be effected by that,” Creekmore said. “Slowly but surely the plans will be amended and everything will fall into place. We’re just delegating those tasks between the two of us and it’s going to get done.”

“It is not just probable that libraries will have to close to handle these transitions, it is extremely likely. Given the understaffed and underfunded nature of public libraries many have said they are worried about month long closures, if not more,” Hayes said.

Among Hayes’ concerns were Minton’s apparent ties with the conservative interest group Eagle Forum Alabama.

“I have concerns in that an appointed public official is working in that capacity. They are just concerns and I believe that everyone is entitled to their own opinions and preferences,” Hayes said.

After the APLS tabled an original proposed amendment from Minton in March, Eagle Forum championed a letter writing campaign to support her efforts.

“There were concerns about a conflict of interest as Minton was actively championing the Eagle Forum initiative on her social media pages in her capacity as an APLS board member,” Hayes said.

Minton was a vocal supporter of Alabama HB385 — which sought to expand the state’s definition of sexual conduct and remove librarians’ exemption from anti-obscenity laws — and personally challenged over thirty young adult books in the Gadsden Public Library. Minton listed LGBTQ+ themes and characters as the reason for all of the challenges with the exception of “Looking for Alaska” by John Green.

Hayes also worried that that the approval of a modified version of Minton’s amendment — which removed any direct references to sexual orientation or gender identity — from Wahl did not offer industry stake holders an opportunity to weigh in with their concerns. Hayes noted that this is a requirement of the Legislative Services Agency process regarding state policy changes.

Wahl told The Times in May how he felt his amendment brought and extra layer of clarity to Ivey’s recommendations which he believed would be appreciated by all parties involved.

“One of the amendments is to put in place a policy that would address the location of sexually explicit materials in children’s sections, but does not actually direct whether those materials can or cannot be there. I think that lack of firm direction is what has people confused on both sides. One side worries that changes come with an assumed requirement and the other side wants there to be a requirement included,” Wahl said.

Hayes argued that such substantial changes could further muddy the waters in regards to local libraries’ ability to receive state funding.

Prior to the APLS policy approval, state lawmakers included provisions within the Education Trust Fund Budget which would require local libraries to adhere to Ivey’s recommendations in order to receive state funding. Rather than offer clarity, Hayes argues that such substantial modifications to the original proposal would instead muddy the waters in regards to state funding.

“This new language and its substantial changes might affect that requirement and there are concerns about the budget conditional language,” Hayes said.

Hayes also outlined numerous operational concerns she said librarians had expressed since the changes were approved, including:

– The lack or designated space needed to separate materials in smaller rural libraries.

– What would qualify as an appropriate selections and materials policy.

– Questions regarding the requirement of physical safeguards such as barriers or access point ID cards.

– Questions on how the policy changes would affect minors currently employed by local libraries.

Hayes said this was just a short list of questions presented to the ALLA from librarians throughout the state. She said these questions have led to concerns that more regulations could follow if conservative pushback continues.

“Will there ever be enough safeguards in place for [libraries] to be in compliance or will there always be just one more thing that needs to happen,” Hayes said.