Judge rules against Huntington Beach in latest battle over library 'culture wars'

An Orange County judge ruled Friday that Huntington Beach can’t prohibit minors from accessing books with sexual content at the public library.

What kind of books are we talking about?

Books about puberty and sexuality, including It's Perfectly Normal and The Care and Keeping of You were moved to a restricted section and patrons under 18 have needed a parent’s permission to check them out.

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The Huntington Beach library at the center of America’s culture wars

Listen to LAist Orange County Correspondent Jill Replogle on Imperfect Paradise, talking about how censorship efforts are playing out at the Huntington Beach library.

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The backstory

The city passed a resolution in 2023 prohibiting minors from accessing books with sexual content in the public libraries without a parent’s permission. However, “sexual content” was never clearly defined and critics argued it was actually an excuse to restrict books with LGBTQ characters and themes. At one point, librarians were told to remove books from the children’s section that showed any body parts normally covered by a bathing suit.

Why it matters

Censorship has long been controversial. But lately, the issue of who does and doesn’t have the right to restrict kids’ access to books has been heating up across the country in the so-called culture wars.  In June, the U.S. Supreme Court sided with parents who sought to excuse their kids from public school during lessons with LGBTQ themes. Huntington Beach used the decision to argue the state’s Freedom to Read Act, which prohibits libraries from restricting access to books, is unconstitutional.

What did the judge rule?

Orange County Judge Lindsey Martinez rejected that argument, saying parents are still free to choose which books their kids can read at the Huntington Beach library. Martinez found the city’s resolution violates California’s Freedom to Read Act and ordered the city to comply with the law.

Didn’t voters decide all of this?

Partially. The city had also established a citizen review board with the power to censor children’s books at the library. Huntington Beach voters repealed that review board in a special election in June. But a legal challenge to the sexual content restrictions, led by several city residents and the group Alianza Translatinx, was still pending until now.

What’s next?

Lawyers for the two sides now have to hammer out an agreement detailing how the city will comply. Library advocates, including plaintiff Erin Spivey, hope that will include returning books currently isolated in a “youth restricted area” to the main children’s library, and restoring the now-defunct teen or “young adult” section. 

“ Teenage readers are so reluctant to engage with reading anyways,” Spivey said. “When that's closed off and it's all seen as one adult section, you're basically disinviting teenagers to engage with the library.”

Huntington Beach can still appeal the judge’s decision.

How to keep tabs on Huntington Beach

• Huntington Beach holds City Council meetings on the first and third Tuesday of each month at 6 p.m. at City Hall, 2000 Main St.
• You can also watch City Council meetings remotely on HBTV via Channel 3 or online, or via the city’s website. (You can also find videos of previous council meetings there.)
• The public comment period happens toward the beginning of meetings.
• The city generally posts agendas for City Council meetings on the previous Friday. You can find the agenda on the city’s calendar or sign up there to have agendas sent to your inbox.

Go deeper …

• Censorship lost in Huntington Beach’s recent special election. Or did it?
• Huntington Beach librarians begin reviewing kids’ books for 'sexual content'
• Voter Game Plan: A guide to Huntington Beach’s special election on public libraries