Huntington Beach wants to take action against bill that prohibits public libraries from banning books

A bill awaiting Governor Gavin Newsom's signature would prohibit public libraries from banning books on topics such as race or sexuality, but at least one Southern California city has said it will take action against it.

AB 1825 would also require public libraries to develop a policy for acquiring new book titles and provide the public with avenues for objecting to library holdings.

The bill was introduced by State Assemblymember Al Muratsuchi (D-Torrance) in the wake of a series of high-profile disputes over children's rights to access materials in public libraries across the country that some parents found inappropriate.

“Our freedom to read is a cornerstone of our democracy, and we must defend the right of Californians to have access to books that offer diverse perspectives,” Muratsuchi said in a statement. “Unfortunately, there is a growing movement to ban books nationwide, including in California.”

Huntington Beach in Southern California has become the epicenter of this nationwide battle.

Late last year, the Huntington Beach City Council passed a resolution stating that no city library would allow minors to access books with sexual content. Since then, a number of titles deemed inappropriate for children have been moved to the adult section of city libraries.

The city has also created a 21-member panel to review new children's books for the same concerns, but the panel has yet to form.

Huntington Beach City Attorney Michael Gates said if the governor enacts AB 1825, the city will resist.

“If we try to enforce the law in Huntington Beach, we will fight it in court,” he added.

Gates argued that the bill did not apply to the beach community because of its status as a charter city – even though the bill also states that charter cities are not exempt.

“The California Supreme Court has already declared that how a charter city spends or does not spend its money is constitutionally a purely municipal matter. That means it is classically a matter of local control and not within the jurisdiction of the state,” he said.

Gates has used the charter city argument to fight state housing law and official audits on Huntington Beach's behalf, and to try to enforce voter ID rules in city elections. Some of these fights have been unsuccessful. Others are ongoing.

Newsom has until September 30 to decide on AB 1825 and other bills.