FAIRHOPE — Threats of legal action and political ramifications loomed in a city council meeting on Tuesday night as locals and city officials discussed more about the Fairhope Public Library and its book policies as state funding continues to be withheld.

Since March, the Alabama Public Library Services (APLS) has put a pause to the library's state funding over allegations it violated its code regarding “inappropriate” and “sexually explicit” material in the teen and children’s section. APSL Chairman John Wahl, who also serves as the chair for the Alabama Republican Party, implied that state funding will likely not be reinstated anytime soon, saying the library board was given “clear and specific guidance” on state code and guidelines, though he said the APLS has not issued a judgement on whether these books “contained inappropriate material under state code.”

The Fairhope library became the first public library in the state to lose state funding over violations of the new APLS code. On April 21, the library board voted to retain two challenged books in the teen section, “Grown” by Tiffany Jackson and “Sold” by Patricia McCormick, both of which feature stories centered on sexual exploitation and sexual abuse.

Board members say neither book meets the requirements that could lead them to be relocated into the adult section. The board’s requirements include reviewing previous legal standards over what is defined as obscenity. This includes analyzing an entire book on whether it appeals to prurient interests that can be viewed as sexually stimulating or has the potential to be sexually arousing. The library also takes into account “community standards” on whether a book should be relocated to another section.

Around 12 to 14 more books that have been challenged are slated to be reviewed, with each book being read and analyzed by individual library board members as part of their review process. In the past few months, six books have been relocated from the teen section to the adult section.

Under current policy, the Fairhope Public Library requires children under the age of 13 to be accompanied by an adult. In addition, they also have a library card system based on age, with both all-access cards and cards with restricted access for teens (ages 13-17) and juveniles (ages 3-12). Library staff said these policies were approved by the APLS prior to the funding pause, with library director Rob Gourlay previously saying that 51% of parents have approved to give their children full access to the youth and adult sections with no restrictions.

A BATTLE OF TWO SIDES
In a nearly three-hour city council meeting that lasted into the late hours of Tuesday night, people on both sides of the issue took to the podium, exchanging words and taking shots toward city officials with threats of legal and political action.

Critics of the library’s book policies blasted city officials for saying they have no plans to cut local funding to the library. Some said they have been ignoring the concerns of parents regarding “sexually explicit” material that could be exposed to children and minors. They also criticized the city for honoring the library as its annual Volunteer of the Year just weeks after the funding was paused.

Wendy Pickering, a resident of Orange Beach, raised concerns over minors being exposed to sexually explicit material and threatened legal action against Fairhope officials.

“We are not asking books to be burned or banned. We are asking them to be properly shelved,” she said. “If you will not even do that, then you are choosing to prioritize politics over children and that will not go unanswered.”

Attorney Brian Dasinger called the city council “as worthless as tits on a bull," accusing them of not following President Donald Trump’s agenda, citing that the majority of Fairhope residents voted for the president last November. He also cited city facilities being used for Pride Month related events last summer and unproven claims of thousands of Haitian immigrants arriving to Baldwin County as evidence of the city working against Trump, threatening “a clean sweep” of the city council this upcoming election season. The municipal election will be held Aug. 26.

"A vote for any of these people might as well be a vote for Joe Biden, Kamala Harris, AOC (Alexandria Ocasio-Cortez) or any other lunatic, crazy, woke Democrat,” Dasinger said.

Rebecca Watson, founder of the Baldwin County chapter of the conservative group Moms for Liberty, said state funding was paused because the Fairhope Library Board refused to review a list of around 30 challenged books, saying she brought the issue up to the APLS because she felt action needed to be taken. She also claimed that that fundraiser by Read Freely Alabama to replace the losses in state funding, raising over $46,000 within days, mostly came from outsiders, claiming only 25% of donations came from actual Fairhope residents.

"If you don't like the policy, go up there, take your time away from your family, just like I have, and reverse the policy," she said. "So, if you don't like the policy, exercise your freedom, and go up there and ask them to change it."

Conversely, supporters of the library argued the library and its books are being targeted for political gain, accusing opponents of trying to censor vital material and information that could be important for children and teens to learn and read about.

"They're not pornography," said Mary Kate Dean, a former Daphne Middle School teacher of over 29 years. "Do they contain controversial subjects? Yes, just as ‘To Kill a Mockingbird’ does, but they are important literary books, and I ask you not to reshelve them so the students who need them can't find them."

“Please don’t be bullied by these people to do their agenda,” said William Henry, a resident of Fairhope. “They have shown their true colors, and it‘s political.”

“I’ve known you all for a long time, and (woke) is not a word I would use,” Jeanine Normand, a longtime volunteer of the City of Fairhope, told the council. “I think you are all very sensible, and I do think that you will make the right decision. The world is watching.”

Elizabeth Williams, chapter organizer for the Baldwin County chapter of Read Freely Alabama, said she reviewed the organization’s fundraiser and clarified that 42% of donations came locally, with the “vast majority” of donations coming from Alabama residents. She said the library board is following a procedure of reviewing the books that have been challenged, and opponents are attacking the library and city simply over decisions they disagree with.

“The U.S. Constitution and the First Amendment is what we’re speaking about here,” Williams said. “Do we stand up to censorship? Do we roll over? If we do that, we are letting down all the other libraries in the state watching to see what we do. They don’t have our resources. They don’t have the 47 grand that we can raise overnight.”

CITY LEADERS RESPOND

Prior to the funding pause, city officials said they thought the library was in compliance with APLS code, as Wahl stated in a Feb. 8 email that “I am thankful that the Fairhope Library has now come into compliance, and I look forward to working with them as we strive to provide the best library experience possible.”

“What there seems to be a disagreement or misunderstanding of is what that definition of sexually explicit is,” Councilman Jay Robinson said. “It’s not my definition to give you guys. It’s not this council’s definition to give you guys; the definition of what qualifies as sexually explicit has got to come from the state. Whatever that definition is, I would expect — and I believe the council would expect — the library to follow the state’s definition, and that doesn’t mean we don’t support the library. I love my wife, but I expect her to follow the law.”

Since state funding has been lost, Fairhope Mayor Sherry Sullivan said she has been in communication with Wahl over the situation and that both parties have discussed a potential appeal process that could help settle the dispute.

“He’s told me that he has been working on that committee made up of professionals, that if a book still wanted to be appealed to that possible three-person board at the state level that we could still appeal those books there if we basically wanted a second opinion," she said.

Sullivan defended the city giving its Volunteer of the Year award to the library, saying she had already discussed giving the award to the library prior to the controversy and that they have done great things over the past year for the local community that shouldn’t be overshadowed by the current situation.

At this point in the discussion, most of the public participants had left the council chamber. Though there were some opponents still in the room, they were outnumbered by the supporters of the library still in attendance. However, city council members said they were annoyed by the animosity created by speakers, most of whom had since left.

“After listening to both sides of this discussion, I‘m not real big of people coming up giving their one side and walking out the door and not listening to what anyone else has to say,” Councilman Kevin Boone said, applauding those who were still seated. “We need to be here listening to both sides.”

The council noted that the library members are unpaid volunteers and dismissed accusations that they have been trying to push a political agenda, saying there is no “pornography” on library shelves and that they do not want children and minors to be exposed to sexually explicit content, stating there is a process they trust and are hopeful that both sides of the issue can find a middle ground.

“I do think there is a process in place that, if given time, will most likely lead to the right decisions on the different books,” Councilman Jimmy Conyers said. “I did, after (the last board meeting) read one of the books that was voted to be upheld and thought it was very well written, ‘Sold,’ and felt like it was appropriately shelved in the teen section.”

After the public meeting was adjourned, the council members and other officials held an executive session to discuss “pending litigation and the legal ramifications of and legal options for potential litigation.” No actions were voted on or decided on Tuesday night.