Huntington Beach city attorney says it will fight bill that prohibits public libraries from banning books

A bill awaiting Gov. Gavin Newsom's signature would prohibit public libraries from banning books that deal with topics like race or sexuality, but at least one Southern California city official has vowed to fight against it.

AB 1825 would also require public libraries to come up with a policy on acquiring new book titles and provide ways for the public to challenge library materials.

The bill was introduced by state Assemblymember Al Muratsuchi (D-Torrance) in the wake of a series of high-profile battles over the right for children to access materials some parents questioned as inappropriate at public libraries across the nation.

"Our freedom to read is a cornerstone of our democracy, and we need to defend the right of Californians to have access to books that offer diverse perspectives," said Muratsuchi in a statement. "Unfortunately, there is a growing movement to ban books nationwide, including in California."

Keep up with LAist.

If you're enjoying this article, you'll love our daily newsletter, The LA Report. Each weekday, catch up on the 5 most pressing stories to start your morning in 3 minutes or less.

Subscribe

In Southern California, Huntington Beach has become the epicenter of this nationwide fight.

Late last year, the Huntington Beach City Council passed a resolution stating that no city library would allow minors access to books with any sexual content. Since then, a number of titles deemed inappropriate for kids have been moved to the adult section of the city's libraries.

The city also created a 21-person panel to review new children's books over the same concerns, but the panel has yet to be formed.

Huntington Beach City Attorney Michael Gates said if the governor signs AB 1825 into law, the city will push back.

"If it's going to try to enforce it against Huntington Beach, then we'll fight it in the court of law," he added.

Gates argued the bill wouldn't apply to the beach community because of its status as a charter city — even though the bill includes language that charter cities are not exempt.

"The California Supreme Court has already said that as a matter of constitutional law, the way a charter city spends its money or doesn't spend that money is a quintessential municipal affair, meaning it is classically a local control issue and not the purview of the state," he said.

Gates has used the charter city argument to mount battles on behalf of Huntington Beach against state housing law, official audits, and to try to implement voter ID rules in city elections. Some of those battles have been unsuccessful. Others are ongoing.

Newsom has until Sept. 30 to decide on AB 1825 and other bills.