Cape Girardeau Public Library 'blindsided' by Secretary Ashcroft's proposed rule

Katie Earnhart, director of Cape Girardeau Public Library, said she felt "blindsided" when she first read a proposed rule submitted by Missouri Secretary of State John Ashcroft that would alter how public libraries operate.

Ashcroft's proposed rule, submitted Oct. 14, is titled "Library Certification Requirement for the Protection of Minors". The rule, according to Ashcroft, is meant to prevent minors from having access to "prurient" material.

Katie Earnhart

Katie Earnhart

If approved, libraries that receive state funds would have to submit written policies showing they are in compliance with the rule's six requirements regarding the "appropriateness" of materials for minors or risk losing that funding. Also, no age-inappropriate materials, as defined in these written policies, "shall be knowingly displayed — in areas designated by the library as containing materials predominantly for minors." This includes events and presentations, as well, requiring age-appropriate designations be displayed on "any publication, website, or advertisement." The rule also states, "No funds received shall be used to purchase or acquire materials in any form that appeals to the prurient interest of any minor." Libraries will also be required to adopt written policies "allowing any minor's parent or guardian to determine what materials and access will be available to a minor, and no person employed by or acting on behalf of the library shall knowingly grant access to any minor any material in any form not approved by the minor's parent or guardian."

Ashcroft said he and his staff are still reviewing more than 16,000 responses received from Missourians and public library officials, Ashcroft said that, so far, he hasn't seen much in the way of constructive feedback.

In fact, some have said the rule would open the door for censorship.

A post by the Kansas City Public Library (KCPL) on its website states they "remain sensitive to any specter of censorship and restriction of equitable access to books and other vital library materials."

KCPL's post asserts that, as written, Ashcroft's rule would empower any minor's parent or guardian to determine "appropriateness" for children across the community — not merely for his or her own child.

When asked about this, Ashcroft said he would look at that wording, but he felt that if there is ambiguity in the first section of the requirement, the second part makes the meaning clear.

"Basically, it's saying, 'I, as a parent don't think I should be telling you what your kids are allowed to access, but I think I should have the ability to define what my kids access,'" Ashcroft said.

Local reaction

Jon Voss, newly elected state representative for District 147 and former treasurer for Cape Girardeau Public Library Board of Trustees, said he thought the proposed rule is "problematic" for several reasons.

"I expect it's going to be challenged," Voss said. "If it's implemented, I expect it'll be challenged fairly quickly, and we'll see what the courts have to say about that. I think it comes down to the parent. If they really have some concerns about what content is available in the library, that they disagree with, then they ought to be the ones shepherding that child to the outcome that they want, not the library or the librarians."

Earnhart said libraries in Missouri already do much of what the proposed bill will require. She said Cape Girardeau Public Library already has policies in place regarding the age appropriateness of materials.

"So, a lot of the language in (Ashcroft's) rule is redundant, and there's also a lot of vagueness that we just don't understand," Earnhart said. "I think a lot of that could have been cleared up with some conversations with librarians prior to his release of this proposed rule."

Ashcroft's response to Earnhart's criticism is that releasing the proposal was his way of starting that conversation. And in regard to the issue of vagueness, Ashcroft said that was intentional.

"I did not want to write a policy that every library in the state had to have," Ashcroft said. "It would have been a lot simpler just to say, 'Cape Girardeau County, this is what you have to have if you want state money,' but that wouldn't be any good."

Ashcroft said he expects there to be a variation of policies across the state's libraries and that tailoring their policies to their constituents would be a good thing. The important thing to him, he said, was making sure all public libraries have such policies in place.

"It was intentionally designed so it wasn't a one size fits all, because I believe libraries should be responsive to their own library district," Ashcroft said.

When asked how libraries should enforce the required policies, Ashcroft said, "That's up to how the library wants to define it, because they write the policy."

He suggested some libraries could have a policy stating any parent who allows their minor children to have a library card must sign a statement saying they understand the children will have access to anything in the library. On the other hand, a library could program library cards to restrict access to material only found in particular age-appropriate sections.

According to Earnhart, the Cape Girardeau Public Library system does have the ability to restrict based on age.

"However, it would take a large amount of staff time to recatalog all the items in the collection to make this functionality work," Earnhart said. "Our collection has around 100,000 physical items, and the payroll costs needed to recatalog all items would cost well beyond" a $500 expenditure limit outlined in the rule.

Earnhart said that even though they have the capability, there is no situation where she would advocate for this.

"To do so would be a clear violation of our patrons' First Amendment rights," Earnhart said. "Patrons of the Cape Girardeau Public Library already have the ability to restrict what their children have access to. Our policies, that all patrons agree to when signing up for a library card, state that parents have the right and responsibility to monitor, and if they feel it necessary, to restrict access to materials they deem inappropriate."

Ashcroft said it will be left up to the libraries what their policies are and how "granular" they want to make them.

"We don't want to just straitjacket them into one thing. We want libraries and their board of trustees to decide what is appropriate for the taxpayers in their library district. We're not banning any books. We're not telling your children they can't get something. We're leaving that up to parents."

Ashcroft said that after reviewing all the submitted comments he will make revisions and finalize the proposed rule and submit it to the Joint Committee on Administrative Rules on or before Friday, Feb. 10. If, after 30 days, there is no objection or request for revision, the rule will go into effect.