City attorney talks libraries and law amid content controversy in the Mat-Su

PALMER, Alaska (KTUU) – A contracted attorney for the city of Palmer gave an informational presentation at Tuesday’s regular city council meeting cautioning members of legal concerns regarding the potential banning of books in public libraries.

It’s a topic that’s been at the forefront of public testimony for the better part of a year after a 56-item list of challenged titles was published by the Matanuska-Susitna Borough School District in April 2023.

The issue hasn’t stayed at a district level, however, as a determined group of borough residents continues to voice their concerns at both borough and city-level public meetings, lobbying to get certain titles taken off public library shelves.

Palmer Mayor Steve Carrington said the city council started hearing those testimonies early in the summer of last year and that it continues to hear during testimony the public input portion of the city’s regular biweekly meetings. The testimonials led city leaders to dive deeper into the issue, prompting the presentation from the city’s attorney, Sarah Heath.

In it, Heath addressed the council in regards to the complex legal issues that surround banning books, an act some argue violates state law as well as rights protected under the First Amendment — specifically, freedom of speech.

In a written statement released Thursday afternoon, Heath said the presentation focused on two separate legal questions being asked by the city officials: Whether or not a public librarian can be charged criminally for “distributing obscene materials to minors” and whether the city could be held civilly liable for removing or limiting library materials.

“The provisions and the value of the United States Constitution are embodying our national commitment to the free exchange of ideas,” Heath said during the meeting. “This national commitment to the free exchange of ideas is one of the most vital, important and fundamental values ​​we have as a nation.”

Heath went on to explain that it’s the same constitutional rights that allow individuals to decline to take vaccines, post personal opinions on social media without fear of repercussions, and burn the American flag in protest.

She also cited multiple pieces of legislation and lawsuits across the country dealing with the same concerns.

Carrington said he’s unaware of any council plans to bring forth any kind of resolution that could potentially ban books from the Palmer Public Library, but admitted it’s a topic that doesn’t appear to be going away anytime soon.

“This is not a done deal,” Carrington said. “To me, it’s a process, and this is trying to understand where we’re at and what things we can do and what things maybe we should be careful with.”