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Escambia School Board Asking Federal Judge To Toss Lawsuit Over Book Bans
August 23, 2023
The Escambia County School Board is asking a judge to throw out a federal lawsuit filed against the district over the removal of books from school libraries.
Penguin Random House, the world’s largest trade book publisher, PEN America, a “free expression organization”, and several individuals allege Escambia County schools have violated the First Amendment by setting out to remove or restrict access to books discussing race, racism, and LGBTQ identities, against the recommendations of the district review committee charged with evaluating book challenges.
The Escambia County District filed a motion Monday in Pensacola federal court to dismiss the lawsuit, claiming recently enacted state law, HB 1069, shields the district and that the district is empowered to decide which book to allow or remove.
“These changes reshape any analysis of challenges to library materials and conclusively thwart the Parent Plaintiffs’ efforts to obtain injunctive relief to enjoin a process that no longer exists,” the school district’s motion states.
The board also contends the restriction or removal of books from school libraries “does not create a constitutional injury”.
A hearing in the case has not yet been scheduled.
Pictured: The Northview High School media center on August 10, the first day of school. NorthEscambia.com photos, click to enlarge.
Comments
25 Responses to “Escambia School Board Asking Federal Judge To Toss Lawsuit Over Book Bans”
The gist of all this commentary is that while religious or other beliefs are guaranteed in the US, one may not impose those beliefs on others. The Florida position that the school libraries are the “voice of the government “ is preposterous. A temporary solution pending legal pronouncements is for the publishers to afford access via the public libraries. Of course this does not absolve Governor DeSantis of being held to account for his policies, but it affirms the rights of all versus the sensibilities of a few religious zealots.
This is an “issue” that was concocted for political attention. It’s not a real problem, but it’s costing us money time, and teachers. Lots of those books have been in school libraries for years. I doubt many parents even know what their child checks out from the library. But I’m certain even fewer have any idea what they are seeing and sharing on their phones. What happened to parents setting boundaries for their own kids and letting other parents do the same?
@brianh
A “ban” is an official or legal prohibition. Schools in Escambia County are prohibited from carrying books like And Tango Makes Three. You’re free to make up whatever definitions you want, but for those of us speaking English? Escambia County has banned this book from public schools.
Again, if you don’t want your kid to be exposed to the existence of black people, gay people, or women who aren’t subservient to their husbands? Then homeschool. It’s not up to the rest of us to build a fairy tale world that matches what you want your child to learn.
Let me reframe this: Let’s say I am a Muslim. Let’s say I want my kids to practice Islam as well. Should I be allowed to ban public schools from carrying cookbooks, since my kid might see a recipe for bacon? Or restricting them from teaching any history that might contradict the teachings of Muhammad? Or having any picture books where the female characters are not dressed in a burqa?
No? That’s stupid? Using your religion as a cudgel to make the government force your personal beliefs on other people is a clear violation of the First Amendment?
Then cool. We’re on the same page, and you (hopefully) now understand why the school board is being sued.
Bob,
Everything that you described is NOT a ban. The book(s) you described are not banned just not one that a child can get at a SCHOOL library. I assume you think it’s the schools place and not the parents place to decide if a book is appropriate for their child.
@brianh
When a sport venue bans outside food, that doesn’t mean that you are no longer allowed to purchase food anywhere. It means that they have placed a restriction on outside food at that location.
When the courthouse bans firearms, that doesn’t mean that you are no longer allowed to own and operate a gun. It means that they have placed a restriction on firearms at that location.
When a school bans a book, that doesn’t me that your kid is no longer allowed to access that book anywhere. It means they have placed a restriction on that book at that location.
I hope that clears that up.
Bob,
The book has NOT been banned. I’m pretty sure you can go purchase the book if you so wish to. Big difference to not being in a school library and banned but I assume you don’t know the difference.
@brianh
“name ONE book that has been “banned””
And Tango Makes Three. A picture book about some real penguins that lived in a zoo in New York that adopted an orphaned baby penguin. It is currently banned from all Escambia County public schools.
When you agree with banning books – you are not a good american-you are a selfish one sided cult member
Please anyone, name ONE book that has been “banned”. Just one. I have never seen so much ignorance in my life. If you want to go little Joan or Johnny any book, you are welcome to do so. We are talking about books in a school library and tax payer funds.
The books that have been banned are nothing more than a stepping stone for future books liberals want. How bout give them want they want , zero bands on any books and let’s start introducing some of our own. @ Bob you crack me up .
If they are just going to toss the books – i would love to have them. reading books out of your comfort level broadens your mind. it dosen’t mean that you have to believe it. Adolf Hitler did book burnings to control how people think.
@Doris
lol, if you really want to ban all books that talk about history, or have LGBT, heteronormative, cisgender, or minority characters, then those library shelves are going to be pretty bare.
@Bill,
I support removing books with graphic sex, but I want my kid to have a school library right now.
Why can’t we do both? Keep the library open while books are under review.
Anyone who’s worried can opt out of the library for their kid until the review is complete.
The current plan is just terrible. Most parents want their kids to have a school library.
DeSantis and our local reps lost my vote over this one. It’s just incredibly stupid and it’s hurting my kids. I’d rather stay home than vote for them.
@Bill
We’re not talking about “graphic books about sex”. We’re talking about a picture book about penguins.
We’re not talking about a library deciding whether they should use their funds to buy copies of William Shakespeare’s plays or a new set of encyclopedias. We’re talking about whether schools (a government entity) are allowed to promote religious dogma.
Children are human and Male and Female. They should not be reading about Racism or LGBTQ in Elementary School. Thats History to learn about in a home setting or higher Education course. any Age Appropriate. If the parent wants to expose them to that, let them purchase the Book or go to Public Library.
Books, classroom and library have been censored every since the dist. school system was created. How, by whoever decided to buy the book. That person or committee bought some and rejected some. About time this censorship reflects the predominant wishes of the parents. If you want your kids to read graphic books about sex, buy them and leave them on your coffee table. Don’t be so cheap that you’ll only expose your kids to your beliefs if you can get the tax payers to buy the books for you.
The law is terrible.
They should allow kids to use the libraries WHILE controversial books are under review.
Any concerned parent should have the option to have their kid NOT use the library while the review is underway.
Protects everyone’s rights, allows the books to be reviewed, and ensures that our kids have a school library.
The current program is the dumbest possible way to achieve the goal. It’s hurting kids.
@EMD
You are free to believe whatever religion you want. You are free to teach your kids whatever you want. If the government ever tries to infringe on your ability to peacefully practice your religion, I will be right there beside you defending your Constitutional rights.
However, you are NOT free to use the First Amendment as a weapon to discriminate against others. If you hate black people? The library is under no obligation to remove books about black people from the shelves to make you feel better. If you hate gay people? The library is under no obligation to remove books about gay people to make you feel better. If you hate women? The library is under no obligation to remove books with female protagonists to make you feel better.
You liberals and the woke (really?) violate God’s Law all the time and you want to prosecute those who try to live within His Loving boundaries He sets out of Love. You just want your own will done everywhere. And what will you do when your sensual bodies come to their life’s end? Just wondering.
The lawsuit complaint is valid when you read why some of the books were objected to. The complaint for And Tango Makes 3 is “that it has an LGBTQ agenda using penguins” and “it’s indoctrination”. Really, that is what’s written on the form! The objection to When Wilma Rudolph Played Basketball is that the book “opines prejudice based on race” and the purpose of the book “is race baiting”. I’m guessing she experienced quite a bit of racism as a black female athlete in the US during the 50’s and 60’s. If the School Board goes along with these kind of complaints and pulls books based on one person’s bigotry, they deserve to be challenged.
@Mom
You are sadly mistaken. Santa Rosa County is loaded with age and context-inappropriate books. Parents and other citizens are finding them online every day. Libraries must be cleaned up. It is the law. . Do what needs to be done to get this in order. If libraries are closed down to do this, so be it. Districts were warned way back in January of this year. Many librarians took their positions and their instructions seriously and complied, but many did not. Accountability is necessary.
Pure Antisemitism
Escambia County School District should handle this like Santa Rosa did. They dedicated teachers to review and discard as necessary all the current books BEFORE school started.
There are literally ZERO books available at my kid’s school library. None.
This whole program has been a disaster.
Shame on the people responsible for this.
If parents want their kids to read the affected book, get them from the public library or buy them at a bookstore or online.