Meeting at the state Capitol in Cheyenne on Monday, the Wyoming legislative Joint Judiciary Committee adopted a bill letting people sue their local libraries and school districts, when children access sexually-explicit materials in the children’s sections of libraries.
The committee’s adoption gives the bill an edge going into the legislative session, which opens Feb. 9. But the bill still must clear a two-thirds threshold approval to be introduced in each chamber, since the 2026 session is designated for crafting a state budget.
Blasted for its many flaws at February and August meetings of the committee, the legislation has changed drastically since then, and it saw many more changes Monday.
As revised Monday, it would give residents of the relevant county or school district the ability to sue those entities if library workers or contractors don’t “ensure” that sexually explicit materials stay out of the children’s section of the library.
The bill defines "sexually explicit" in granular descriptions of specific sex acts.
The plaintiff could recover damages, plus attorney’s fees and costs should he or she win the lawsuit.
Rep. Jayme Lien, R-Casper, also instituted (and the committee approved) a review process by which community members could challenge books. If the challenge proved successful in prompting the librarian to move the book from the children’s section, then the library could avoid a lawsuit.
The Big Flaw
But the bill still has a key flaw, according to Sen. Barry Crago, R-Buffalo.
It defines “children’s section” as any portion of the library “devoted primarily to or that provides materials aimed toward persons younger than age eighteen.”
By that logic, Crago and Rep. Ken Chestek, D-Laramie, both told the committee, any section of the library could be the children’s section – if it provides a material written for kids or teens.
Chestek explored a deeper irony: if a librarian moves a children’s book with sexually explicit content from the children’s section to the adults’ section, then that adults’ section becomes a “children’s section” – by virtue of containing the book that was supposed to escape the children’s section to comply with the law.
“There is not an adult section left in the library,” said Crago. “The way the bill is written, ‘children’s section’ is the entire library.”
Crago said that circular flaw was why he could not vote in favor of the bill, though he said he doesn’t approve of the content of the books that sparked the legislation.
Crago and Chestek were the only nay votes on the bill.
Sen. Gary Crum, R-Laramie, was marked excused from the vote.
The other committee members voted in its favor, advancing it to the session.
Rep. Laurie Bratten, R-Sheridan, said she’d like to review Crago’s concern. Others, like committee Co-Chair Art Washut, R-Casper, also indicated future changes to the bill.
Washut reminded the committee that the bill can be amended more during the session.
But the committee shouldn’t punt the bill since it’s “a very important topic,” he said.
Controversies over sexually-explicit and sexually charged books in public and school libraries have pervaded Wyoming communities for years. The legislature has tried for years to address the topic, without success.
"My Libertarian Streak"
Rep. Lee Filer, R-Cheyenne, voted to advance the bill over what he called his “libertarian streak” and belief that government “should stay out of our lives.”
Rep. Tom Kelly, R-Sheridan, who proposed some changes to the bill that the committee approved, voiced disagreement with that characterization, “as somebody who’s infamous for having a libertarian streak.”
“But that (government overreach) is not what this is doing. This is government giving direction to government – that you will listen to parents and you’ll set up some type of recourse for them when they’re having an issue with how their taxpayer dollars are being spent,” said Kelly. He voiced approval with an amendment giving plaintiff standing only to residents of the districts where children encounter the problematic books.
Chestek voiced frustration with the bill, and noted that the committee rejected the many amendments he proposed – such as one to exempt age-appropriate sex education materials, and another to exempt materials teaching kids about puberty.
He said the bill infringes rather than upholds the principle of parental control.
“It takes away parental control,” said Chestek. “It’s letting some parents say I don’t want my kids to see this, so your kids can’t see it either.”
He called the lawsuit mechanism a “bounty system.”
The History
In February, the committee contemplated imposing criminal penalties on librarians who enable children to access sexually-explicit materials.
That was a “sweeping and almost vindictive” approach, Kelly said at the time.
By August, the bill contained two key enforcement provisions: a civil penalties section for the state to fine libraries or schools, and a right of action for essentially anyone to sue libraries or schools.
The civil penalties portion was circular in nature, since the Wyoming Constitution specifies that state-imposed fines shall feed the state’s public schools in the counties where they’re assessed.
So, a school that offered sexually-explicit materials to kids could have been made to pay a fine to itself.
Meeting attendees laughed aloud at the redundancy of that provision during the August meeting.
The committee deleted that portion Monday, but kept the private right of action.
At the Monday meeting, some dispute surfaced over the committee's decision not to allow public comment on the bill.
Co-Chairman Jared Olsen, R-Cheyenne, reminded committee members that they allowed at least two hours of public comment during the August meeting in Casper - which stretched into the evening - after which they decided to devote Monday's meeting to working the bill.
Clair McFarland can be reached at clair@cowboystatedaily.com.
