A federal judge in Texas has mandated the immediate restoration of at least 12 books removed from Llano County public libraries, many of which contained LGBTQ+ content.
The judge’s order, which was filed on Thursday, gives county officials 24 hours to comply and comes after seven residents filed a lawsuit in April 2022 against county officials, alleging violations of their First and 14th Amendment rights.
The suit claimed that certain books were removed from public libraries or access was restricted due to the content being deemed inappropriate by some community members and Republican lawmakers and included LGBTQ+ content or content considered too radical.
The lawsuit, filed in the US District Court for the Western District of Texas in San Antonio, accused county officials of removing books from the three-branch library system and blocking access to thousands of digital books simply because they disagreed with the ideas expressed within the books.
Among the books ordered to be returned to the shelves are “Caste: The Origins of Our Discontents” by Isabel Wilkerson, “They Called Themselves the K.K.K.: The Birth of an American Terrorist Group” by Susan Campbell Bartoletti, and “Being Jazz: My Life as a (Transgender) Teen” by Jazz Jennings.
US District Judge Robert Pitman’s order also requires the library system to list these books as available in their catalogue and prohibits any book removal for any reason while the case is ongoing. In his order, Pitman emphasized that the First Amendment prohibits the removal of books from libraries based on viewpoint or content discrimination.
The struggle for book access comes amid a surge in book-banning attempts in K-12 schools, universities, and public libraries. Many of these efforts target books featuring LGBTQ characters or themes, as well as those authored by people of colour discussing history, racism, or their own experiences in America.
Ellen Leonida, an attorney representing the plaintiffs in the Texas case, hailed the decision as a “ringing victory for democracy,” stressing that the government cannot dictate what citizens can or cannot read.
Whether Llano County officials have complied with the judge’s order remains unclear.
