DELAWARE -- Delaware Governor Matt Meyer signed House Bill 119, or the 'Freedom to Read Act', into law Monday morning.
The newly established law sets statewide standards for how public and school libraries in the state manage challenges to literature on their shelves.
Under the legislation, libraries would be required to adopt written policies ensuring that books and other materials cannot be removed solely due to partisan, ideological, or religious objections. Public and school libraries would also need to establish clear review processes for objections, but materials under review would remain available until a final decision is made.
House Bill 119 also provides protections for librarians and library staff, prohibiting disciplinary action or retaliation against them for following the state’s principles on library material selection.
For school libraries, the legislation requires that only students, parents or guardians, and school personnel can object to materials, and it sets up an appeals process. Final appeals would be heard before a newly created School Library Review Committee, composed of education and library leaders, including the State Librarian, the Secretary of Education, and representatives from professional associations.
The legislation emphasizes that library materials exist “for the interest, information, and enlightenment of all persons” and cannot be removed because of the creator’s background or views.
"Book bans have been happening forever. I mean, they've banned the Bible, they've banned the Quaran, they've banned all kinds of things," Bonnie Elliott, the director of the Frankford Public Library, said.
Elliott said that while the Frankford Public Library has not personally had to remove any books, they have had people challenge books on their shelves. Elliott said a lack of clear guidelines can leave a gray area, which is where the Freedom to Read Act steps in with it's statewide review process.
"Then, the pressure isn't on us to decide if we should or shouldn't have a book, or if this is the reason or if that is the reason," Elliott said.
Elliott said she is hopeful the law will ensure equal opportunities for readers across the state.
"Do I agree with every book that comes in here? No. But do I want people to have their choices? Yes," Elliott said. "All libraries in the country allow people from different backgrounds to come together and have a conversation. Your mind opens up to possibilities, and without those possibilities, you become a narrow-minded person."
However, some opposing lawmakers told WBOC they worry the bill is not the right way to ensure access to information. Representative Tim Dukes (R), who represents Delaware's 40th House District, said the bill takes control of what's on the shelves away from local libraries.
"It really undermines local libraries and the community from the review process," Dukes said. "I don't want somebody in another county making decisions for you. I think it should be done with local control."
Dukes said there needs to be space for conversations about banning books in public and school libraries.
"One of the amendments that I offered and did that very thing, it provided a process where a book would be removed until that decision was rendered," Dukes said.
According to Dukes, that aforementioned amendment was not passed along with the final legislation.