Topeka Board Votes to Restrict Four Sex-Themed Titles
The Topeka and Shawnee County (Kans.) Public Library board voted 5–3 February 19 to restrict minors’ access to four books about sex, although the trustees failed to specify just what that restriction would entail.
The titles challenged by complainant Kim Borchers in November 2008 are The Joy of Sex, The Lesbian Kama Sutra, The Joy of Gay Sex, and Sex for Busy People: The Art of the Quickie for Lovers on the Go, the Topeka Capital-Journal reported February 20. Borchers, who represents a group called Kansans for Common Sense, had contended in her statement of concern that the materials were harmful to minors under state law.
In a February 13 memo (PDF file) to the board, library Executive Director Gina Millsap reminded trustees that the TSCPL collection contained more than 600 books “with subject headings relating to sex, sex instruction, sexual behavior, fertility, etc.” and went on to ask, “Will staff be expected to review all of these titles and assign some or all of them to a restricted collection?”
Of the 16 people who weighed in on the challenged titles at the three-hour meeting, 14 were against restricting them. Following the vote, the board’s chair, Kerry Onstott Storey, expressed surprise at the outcome. “I am extremely disappointed in the board,” she said. “I am stunned as chairwoman.” After the meeting, Onstott Storey noted that several of the trustees who supported the restriction attend Topeka Bible Church, as does Borchers.
Topeka lawyer Pedro Irigonegaray, who attended the meeting, told the Capital-Journal he had already been approached by residents interested in initiating a lawsuit to overturn the board’s decision. “It really disturbs me greatly that our community has taken a step backward,” said Irigonegaray. “Unfortunately, we are seeing what can happen when a small but committed minority decides to take action, and it is now up to the good people of Topeka to join together and say no to this insanity. This is about freedom. Suffice to say, this is a sad day for our community.”
Doug Bonney of the American Civil Liberties Union of Kansas and Western Missouri has also weighed in on the civil liberties at issue in the action. Bonney cautioned (PDF file) Onstott Storey February 18 that any policy restricting access to any titles in the collection is unconstitutional “because it would take these books off the shelves and place them out of reach of patrons browsing the shelves [even though] Ms. Borchers and her group are not asking that these books be totally removed.”
Posted on February 20, 2009; corrected February 23, 2009. Discuss.