Unbanning Momentum

Floridians are asking themselves: is this what they want their tax dollars being spent on?

How much do you think it costs to defend a book ban in federal court?  Rather, how much money do you think would go into keeping a book off shelves in clear violation of state statutes and the First Amendment?

Would you believe over $100,000?

$100,000 of your taxpayer money went into Escambia County arguing in federal court that a children’s book about penguins (And Tango Makes Three) should remain banned.  Is that what you want your tax dollars going towards?  Is that an efficient and judicious use of your hard earned money?

We’ve discussed before what the economic impacts of banning a book are.  Add this to the list.  Florida families are on the hook for a law firm that had to be hired to defend a book ban in federal court. 

And people are starting to take notice.  Floridians are asking themselves the exact question we posed: is this what you want your tax dollars being spent on?

Nassau County recently resolved their federal court case with a settlement agreement that will return And Tango Makes Three and more than thirty other titles to shelves. “This settlement prevents the school board from unlawfully removing public school library books during private closed door meetings—a violation of Florida’s public disclosure statutes, which are intended to ensure transparent government decision-making.”

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Here’s the good news.  The book banning momentum is starting to swing back the other direction.  We’ve been able to highlight some wins lately, and this is another one worth celebrating.  Not just because it came out that such an absurdly high amount of money was spent on keeping a children’s book about penguins banned, but because that isn’t the only federal book ban lawsuit Escambia county has spent hundreds of thousands of dollars on this year.

There is energy in the air to push back harder against book bans.  The tide is showing signs of turning.

Of course, there is still work to be done.  And we need to continue to recognize the challenges faced.  But we are starting to see some serious cracks in the dam that has been keeping books off the shelves.

First and foremost, it is worth recognizing that the biggest risk has been perceived to be the state of Florida finding a school or library out of compliance for retaining a book.  But that isn’t what has been happening.  We’ve seen several examples now of the state backing away from county decisions and passing the blame.

“WE didn’t make the decision to take away the penguin book, the DISTRICT did,” is the position the state had essentially taken in both the press and their court filings.

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This makes it increasingly clear the state is not especially interested in putting the teeth into its own legislation.  It sees how much districts have to spend to defend a book ban, and the state government probably is not interested in frittering that money as well if it jumped into the same waters. 

The thing is, we said the state laws would have a chilling effect: and they have!  Books have been taken off shelves because of these statutes.

But!

We are not seeing the state enforce its law.  Because the thing is, it is not just one author filing one lawsuit against one book.

It's multiple authors.  Publishing companies.  Civil rights groups. 

There is a torrent of lawsuits being brought against Florida districts that have restricted books.  And every one of those is a cost.  A cost, it seems, the state is no longer as interested in bearing.

This is the first step.  It is not the last.

We still need further transparency in the process of restricting books.  We still need more processes in place, and fulsome explanations of when and why books are removed when they do disappear from shelves.  The principles of professional conduct are still in place, and we need processes that do not hinge on the decisions of one individual. 

Just because the law is not being heavy-handedly enforced by the state does not mean it is off the books.  Districts still need to protect themselves.

And the best way they can protect themselves is if we continue to push for more transparency.  If a book is going to be removed, we deserve to know why, when, and how, and the opportunity to have our voices heard throughout that process.

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Finally, there needs to be a shift in the balance of power between elected officials and the governed. 

We have seen that people who support and uphold book bans are absolutely unpopular. The number of parents asking for limits on their children’s school library access continues to be miniscule.  They’re getting voted out of office and being defeated in elections.  That wave has to continue.

Elected officials are sent forward to represent the wants and needs of the people they are represent.  But they still have the latitude to do whatever they ‘feel’ is correct.  And sometimes that means people are being voted in whose feelings are out of step with what their constituents actually want of them.

We need to continue to winnow these representatives by voting them out.  If your local school board does not properly represent you, vote. If your state legislator in the Florida House and Senate continues to perpetuate false narratives around our libraries and refuse to amend those disastrous laws, vote.  They need to be responsive to the actual will of the people, not special interest groups or radical political minorities.

There is good movement happening!  We need to stay vigilant and keep pushing.  Now is not the time to slow down.  Momentum is on our side.

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