Texas judge orders banned books returned to library shelves

A federal judge in Texas last week ruled that Llano County officials must return more than a dozen books they had banned and removed from the county’s library shelves during 2021. 

The preliminary order by U.S. District Judge Robert Pitman also prohibited the county from removing any other books as the court case is pending. The library’s catalog is required to be updated to show county residents that the removed books are once again available. 

Pitman’s ruling comes as counties and schools around the country have limited what books can be taught or available to children and teens. Books that discuss gender, sexuality and race in particular have come under political scrutiny as parents and politicians alike argue over what their children should have access to.

In his ruling, Pitman said, “Defendants removed the books at issue to prevent access to viewpoints and content to which they objected.” He added that he does not think the defendants’ reasons for removing the books would “pass constitutional muster.” 

According to the court ruling, Llano County Judge Ron Cunningham and Commissioner Jerry Don Moss, who are named as defendants in the case, pushed to have more than a dozen books removed from library shelves in the summer and fall of 2021. 

They claimed that a Llano County community group believed the books contained inappropriate content, including promoting “grooming” behavior. The group’s complaints, which increased over the next several months, focused on books that discussed the LGBTQ community and race themes. 

In December 2021, the Llano County Commissioner’s Court dissolved the library board to instead appoint others, including other residents who pushed for book removals. 

The board then implemented a new policy that required new books to be approved by the board before the library system could purchase the material. Staff librarians and the public were then banned from attending the board’s meetings.  

The lawsuit was filed in April last year by patrons of Llano County’s three libraries. The patrons alleged that their First Amendment rights were violated when county and library officials removed the books from the system. 

They also argued that their 14th Amendment right to due process was violated because there was no notice posted of the removals and they were not given an opportunity to appeal the board’s decision.

“This is a ringing victory for democracy,” the plaintiffs’ attorney Ellen Leonida said in a statement to the Austin-American Statesman. “The government cannot tell citizens what they can or can’t read. Our nation was founded on the free exchange of ideas, and banning books you disagree with is a direct attack on our most basic liberties.”

The list of books that must be returned to Llano County library 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.

“Being Jazz: My Life as a (Transgender) Teen” by Jazz Jennings.

“Spinning” by Tillie Walden.

“In the Night Kitchen” by Maurice Sendak.

“It’s Perfectly Normal: Changing Bodies, Growing Up, Sex, Gender and Sexual Health” by Robie H. Harris.

“My Butt is SO NOISY!” “I Broke My Butt!” and “I Need a New Butt!” by Dawn McMillan.

“Larry the Farting Leprechaun,” “Gary the Goose and His Gas on the Loose,” “Freddie the Farting Snowman” and “Harvey the Heart Had Too Many Farts” by Jane Bexley.

“Shine” and “Under the Moon: A Catwoman Tale” by Lauren Myracle.

“Gabi, a Girl in Pieces” by Isabel Quintero.

“Freakboy” by Kristin Elizabeth Clark.