Cape Girardeau Public Library says no pornographic or obscene materials in collection

The Cape Girardeau Public Library doubled down on its message that there are no pornographic or obscene materials in its collection.

The library issued a statement Wednesday, Dec. 27, saying it is fully compliant with all state laws regarding pornography or obscene material in any form.

"There are no pornographic materials in the library's collection, as defined by state law in Missouri Revised Statutes Chapter 573," the message stated. The library published the statement on its website, and shared it on social media. It did not indicate who authored the statement.

The message was issued following a Dec. 15 library board meeting at which more than 50 people objected to children's access to certain library materials. During that meeting, activist Adrienne Ross asked for a response from the board within 14 days, "after which we will proceed if there is no response or if your response is not satisfactory."

The library's statement included information that in November 2021, the Cape Girardeau Police Department received a complaint regarding employees of the library providing pornography to children.

"Officers interviewed library staff, reviewed the materials cited in the complaint, and made a required report to the Cape Girardeau County Prosecutor," the message stated. "Neither the police department nor the prosecutor's office found any grounds for further action."

In the Dec. 15 meeting, an attendee said she and other "concerned citizens" would pursue new criminal complaints and legal action against the library and its administrators, among other actions.

Ross responded Thursday, Dec. 28, that the library's statement is neither truthful nor responsible.

"The board's refusal to act properly means those of us who care about children, the law, and funding rules will move forward as we said we would," Ross said. "Perhaps at the end of the day, the library will find its addiction to giving minors access to pornographic, hypersexualized, and obscene material, as well as grooming them, worth the price we will continue to work to make sure they pay."

The library's message further defended the institution's position by citing the U.S. Supreme Court in Miller v. California in 1973.

The Supreme Court decision established a three-part test for obscenity, which is used to determine whether "the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law; and whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value."

"None of the materials in the library's collection meet the requirements of this test," the message stated. "The library is also fully compliant with Missouri 15 CSR Section 30-200.015 -- Library Certification Requirement for the Protection of Minors, effective May 2023."

The library's Materials Selection Policy states, "Children are not limited to the juvenile or teen/young adult collections, although these collections are kept together to facilitate use. Responsibility for a child's reading must rest with the parent or guardian, not with the library."

In June 2023, the library's Use Policy was revised to include the following: "Any borrower's card issued to any person under the age of 18 shall require the knowledge, consent, and written authorization of at least one of the application's parents or legal guardians with whom the applicant resides, stating that the parent understands that library staff, directors, or other official persons affiliated with the library do not have supervisory duty over their child and that it is the parent's responsibility to monitor the child's behavior and consumption of content, in any and all forms. If the parent is unwilling to sign the agreement, a library card will not be issued to the minor applicant."

The message stated the mission of the Cape Girardeau Public Library is to be the community's first choice for information-gathering, experiences through social interaction, programming, technology and the written word for all ages.

"The Cape Girardeau Public Library wishes to provide additional information to the community, and especially to our library patrons, regarding the selection, location, and review of materials in our collection, particularly with regard to books for children and teens," the message stated.