A new law in Idaho that requires libraries to keep books deemed “harmful to minors” in the “adult” only section of the library is being met with a newly filed lawsuit. Plaintiffs named in the lawsuit include a small community library, Donnelly Library, along with Penguin Random House, the Authors Guild, an 18-year-old and a 17-year-old, as well a handful of parents, authors, and a teacher. Named as a defendant is Idaho Attorney General Raul Labrador and other state officials.

The lawsuit argues that the new state law is overly vague and that it violates the First Amendment rights of students, librarians, and other community members.

HB 710 was passed last year and requires libraries to take community complaints made about books that are “harmful to minors.”

If a member of the community makes a complaint about a book they find to have obscene material that is “harmful to minors,” libraries have 60 days to address the complaint. If not addressed, families and children can seek up to $250 in damages.

The state turns to Idaho's legal definition of obscene materials, which includes instances of ''any act of homosexuality,” to define something that is “harmful to minors.”

The lawsuit explains that schools and public libraries have the burden to “guess whether any member of the public might file an objection to a book whose message they disagree with.” However, the lawsuit alleges that the guidelines for community members are based on a “vague and overbroad” definition of what might be considered “harmful to minors.”

This is not the first lawsuit to be filed against the state of Idaho over this new law. Last summer, a small group of private schools and libraries filed a similar suit shortly after the law was enacted. Their case is still pending.

Across the nation, other states including Arkansas, Iowa, Florida, and Texas have similar laws on the books which have also been met with legal action.

Donnelly Library, one of the plaintiffs named in the lawsuit, stands by the argument made by the Idaho Library Association that the vague nature of the law would lead to significantly limited access to information for residents of Donnelly, a small community of roughly 250 residents.

Because they serve a small population, the library operates out of a log cabin and does not have a designated space for an “adult only” section. As a result, children can only enter the library once a waiver has been signed by a parent or guardian. Their situation exemplifies how the vague nature of the law could impact residents in other small communities across the state.