HB ordinance called for “review of library materials containing sexual content”
SANTA ANA — Today, in a win for the freedom to read, a state superior court issued a tentative ruling against the City of Huntington Beach in Alianza Translatinx v. City of Huntington Beach, prohibiting the city from implementing and enforcing its censorship scheme in the Huntington Beach Library system.
“The freedom to read is one of the fundamental pillars of democracy, and today democracy won,” said Erin Spivey, a plaintiff in the case.
The court order stops Huntington Beach from enacting its 2023 resolution calling for “review of library materials containing sexual content” and restricting minors’ access to these materials, which continued until today in Huntington Beach libraries.
”Today, the court confirmed Huntington Beach’s Charter City status is not a license to disregard state law and violate constitutional rights,” said Jonathan Markovitz, senior staff attorney at the ACLU Foundation of Southern California. “We appreciate that the court protected minors’ access to a diverse range of library materials they need to learn about the world around them and to participate in a democratic society.”
Filed in February by three Huntington Beach residents, including two teenagers, along with the non-profit Alianza Translatinx, the lawsuit sought to compel Huntington Beach to comply with the requirements of the 2024 California Freedom to Read Act and the California Constitution.
To implement its 2023 resolution, the city passed an ordinance establishing a 21-member community review board with unappealable power to impose a censorial process over the library collection. The resolution also required restrictions on minors’ access to a wide range of topics including educational materials on gender identity and expression, sexual orientation, and reproductive health – anything with any kind of “sexual content.”
“Today’s ruling is a victory for our communities, for our youth, and for the fundamental freedom to read,” said Khloe Rios-Wyatt, founding member and CEO of Alianza Translatinx. “The court made it clear that Huntington Beach cannot censor books simply because of whose stories they tell. Representation saves lives, and access to knowledge is essential to dignity and equality for all.”
Though the ordinance was invalidated by a June ballot measure—voted on by the residents of Huntington Beach—the resolution had remained in effect until this court order. The court today also denied the city’s demurrer, which attempted to dismiss the case.
"Freedom to read is essential to learning and growth,” said David Loy, legal director at the First Amendment Coalition. “The government should not be deciding what library books youth can read."
Plaintiffs were represented by the ACLU Foundation of Southern California, ACLU Foundation of Northern California, First Amendment Coalition, Community Legal Aid SoCal, and Jenner & Block LLP.
Read the tentative order: https://www.aclusocal.org/sites/default/files/lmartinezrulings.pdf
