book ban

Legal challenges flared this week over an Inland Empire school district’s alleged removal of library books and, separately, on its efforts to require parental notification on student gender identity — policies strongly supported by the school board president, Sonja Shaw, a leading contender to become the next state schools superintendent.

One policy of Chino Valley Unified allows parents and others to force the removal of school library books to which they object, resulting in books with sexual content or with LGBTQ+ themes being pulled off shelves, according to a complaint filed this week by a leading public-interest law firm and local parents.

The complaint, filed with the California Department of Education, asks the state agency to investigate whether education codes have been violated. The complaint also seeks to invalidate the policy and have books returned to shelves.

The other Chino Valley Unified policy under legal scrutiny would require school employees to notify parents when students express gender-identity issues at school — even if the students want to keep this information secret from their parents. The Chino Valley school board passed its notification policy in July 2023, but a state judge put the policy on hold and subsequently ruled it illegal.

However, the Chino Valley school board is seeking to reinstate the policy in light of recent U.S. Supreme Court decisions. A court hearing on the matter had been scheduled for Wednesday, but has been moved to Sept. 15.

The San Bernardino County school system of 26,000 students adopted both policies under the leadership of school board President Shaw, a conservative Republican running for the office of state superintendent of public instruction. Shaw finished first in the June primary among 10 candidates, seven of them Democrats who appeared to split the Democratic vote among them.

On Wednesday, Shaw had not yet had an opportunity to review the book-policy complaint, but said both policies ultimately look out for children by safeguarding the rights of parents.

“I believe the larger issue is whether parents are going to remain the primary decision-makers for their children or whether Sacramento continues to chip away at that role,” Shaw said. “I will always stand on the side of parents.”

The book policy “is about ensuring that sexually explicit material is not placed in the hands of children in our schools,” Shaw said. “That is a reasonable responsibility for a school board, and I believe parents overwhelmingly expect us to exercise that responsibility.”

The challenge to the policies comes in the context of the November election, which pits Shaw against second-place finisher Richard Barrera, a Democrat.

Barrera said that some parents may agree with some of Shaw’s positions on culture war issues, but not with her entire agenda.

“I would say that the overwhelming majority of parents of students in our public schools find the agenda that Sonja Shaw is promoting to be terrifying,” Barrera said. “The idea that we’re going to restrict access to books for students, the idea that we are going to pick on and bully LGBTQ students, and particularly transgender students, is not a reflection of the values of parents in California.”

Barrera, the president of the San Diego Unified school board, also works as a senior state Education Department staffer, but has no involvement in handing complaints such as the one just filed, the department said.

Books removed from shelves

The Chino Valley school board adopted the book restriction policy in October 2023.

The district policy permits any community member to call for removing a library book. Such a demand, according to the policy, must be acted on immediately, with the book’s removal occurring within three days. A subsequent hearing within 45 days allows for public testimony, board discussion and a board vote, which would be the final decision.

Before the policy was adopted, community members had complained in public hearings about specific books and dramatically read aloud sexually explicit passages at board meetings to make their point. Defenders of the books said the passages were taken out of context in works that needed to be considered in their entirety.

The district began acting on its new book-removal policy before receiving any formal complaints, according to the filing submitted to state officials by Los Angeles-based Public Counsel.

In the fall of 2023, district officials asked schools for an inventory of specific titles public speakers had complained about at board meetings. Also included in the inventory were some books perceived as likely to be challenged.

Shortly after, parents and employees were no longer able to find copies of some of these books on the public-facing, book-search system, these critics told The Times in early 2024.

During this early period, only one formal complaint about a specific book was immediately received, a November 2023 request to remove the Bible “in all its forms” based on the Bible’s sexual content. This request was not carried out, the Public Counsel complaint states.

Other requests were submitted in October 2024 and covered 14 books, including: “Looking for Alaska” by John Green; “A Court of Mist and Fury” by Sarah J. Maas; “Beloved” by Toni Morrison; “Juliet Takes a Breath” by Gabby Rivera; and “More Happy Than Not” by Adam Silvera.

The complaint to the Education Department also alleges the removal this year from at least one library of an unnamed book by Maya Angelou and an unnamed middle school book that touched on sexual identity.

The complaint alleges that the Chino Valley policy is unlawful under state law and unconstitutional under state and federal law. It also alleges that, even if the policy were to survive the legal test, Chino Valley did not follow its own rules. The complaint states there is no evidence of any public hearings or board votes on a challenged or removed book.

The state Education Department had no immediate response to the filing of the complaint.

A consistent theme in the removed books was LGBTQ+ content, according to the complaint. Targeting that content would amount to unlawful discrimination against LGBTQ+ individuals, who are explicitly protected against discrimination in California, said Elizabeth Graves, senior staff attorney in the educational equity unit of Public Counsel.

Ultimately, books were removed “not because they contain sexually obscene material, but because they contain content protected by law,” Graves said. “The school district appears to be targeting books that are featuring LGBTQ people, or written by LGBTQ authors.”

The state education code, Graves said, “really calls out how important accurate and inclusive education is for students, especially LGBTQ people, Black, Indigenous, and other peoples of color.”

Graves said that Public Counsel filed its complaint with the California Education Department because it can carry out an expedited complaint process in as little as 60 days.

Shaw said that if anyone questioned the district’s management of its policy, the matter could have been brought directly to district officials. Her issue, she said, is simply sexually explicit, graphic description — not references to sex. Parents can find that explicit material for their children in a public library if they choose, she added.

Parent notification on gender issues

Chino Valley became the first school district in California to adopt a parental notification policy in July 2023. It required that a school administrator, counselor or teacher notify parents if a student requests to be treated as a gender different from the student’s biological sex in any facet of school or in school records.

California Atty. Gen. Rob Bonta quickly sued to stop the policy and San Bernardino County Superior Court Judge Michael Sachs barred nearly all its elements. But he did allow parents to be notified of any student requests to change school records; for example, if a student requested to be known by a different name on a class roster.

In March, however, in a California case, a U.S. Supreme Court majority ruled that parents had a right to be told — if they asked — about their child’s sexual orientation issues at school. A lower court in the same case — Mirabelli vs. Bonta — had already ruled that school staff could not be barred from informing parents if they wanted to.

Since then, California Justice Center and Advocates for Faith & Freedom have filed a motion asking the state court to dissolve the injunction blocking Chino Valley’s original parent notification policy.

“Chino Valley is now in the impossible position of being subject to two conflicting permanent injunctions,” said attorney Emily Rae.

“The original policy was important because parents have a fundamental right to know what is happening with their own children,” Shaw said. “The U.S. Supreme Court has recognized the fundamental role parents play in raising and directing the upbringing of their children. Schools should not replace parents.”

Bonta’s office asserted in court papers that the original ruling should stand because the other recent rulings did not directly apply and because the Chino policy “discriminated against transgender and gender nonconforming students by forcing school personnel to ‘out’ those students to their parents, even if their parents have not asked for such notification; even when disclosure would result in physical, emotional, or psychological abuse; and even when less harmful alternatives … were available.”

CHEYENNE, Wyo. — She refused to ban books, many of them about racism and the experiences of LGBTQ+ people. And for that, Suzette Baker was fired as a library director in a rural county in central Texas.

“I’m kind of persona non grata around here,” said Baker, who had headed the Kingsland, Texas, library system until she refused to take down a prominent display of several books people had sought to ban over the years.

Now, Baker is fighting back. She and two other librarians who were similarly fired have filed workplace discrimination claims with the U.S. Equal Employment Opportunity Commission. And as culture war battles to keep certain books from children and teens put public and school libraries increasingly under pressure, their goal is redemption and, where possible, eventual reinstatement.

So far, it’s a wait-and-see whether the claims will succeed — and set new precedent — in the struggle between teachers and librarians around the country who oppose book bans and conservative activists who say some books are inappropriate for young minds.

The fight has involved a record number of book-banning efforts, some libraries cutting ties with the American Library Assn. — which opposes book bans — and even attempts to prosecute librarians for allowing children to access books some consider too graphic.

At least one terminated librarian has gained a measure of success.

Brooky Parks, who was fired for defending programs on anti-racism and LGBTQ+ stories she organized for teens at the Erie Community Library north of Denver, won a $250,000 settlement in September. Reached through the Colorado Civil Rights Division, the settlement requires her former employer to give librarians more say in decisions involving library programs.

Parks’ settlement with the High Plains Library District capped a stressful eight-month period without work, when community donations helped her avoid losing her home. And it will probably resolve Parks’ claim with the EEOC, said attorney Iris Halpern, who represents Parks and the other two librarians.

“I just wasn’t going to back down from it. It was just the right thing to do,” said Parks, now a librarian at the University of Denver.

After her firing in 2022, Baker filed an EEOC claim against her employer, the Llano County Library System in Kingsland. And in September 2023, Terri Lesley filed a claim over her firing last summer as executive director of the Campbell County Public Library System in Gillette, Wyo.

Halpern, with the Denver firm Rathod Mohamedbhai, compared the wrongful-termination claims to civil rights-era legal battles.

“It is honestly sad that we’ve gotten to this point. But history is a constant struggle, and we have to learn from our past,” she said.

The 1964 Civil Rights Act established the EEOC to enforce laws against workplace discrimination. One legal expert thinks the librarians might be able to prevail on the grounds that, under those laws, employees may not be discriminated against for associating with certain classes of people.

“With any case, the devil can be in the details in terms of how the facts come out and what they can present. But these are definitely actionable claims,” said Rutgers University law professor David Lopez, a former EEOC general counsel.

An EEOC investigation can take more than a year. After that, the EEOC may attempt to reach a settlement with the employer out of court, sue on the employee’s behalf or issue a letter saying the employee has grounds to sue on their own.

The librarians haven’t yet received an EEOC response and none is expected before the end of next year.

“I would love to be optimistic,” Baker said. “I know there are a lot of people in this community who are just absolutely behind the library being open and free and equal for all. And there’s a lot of people who aren’t. So it’s a hard, hard situation.”

EEOC spokesperson Victor Chen declined to comment on specific filings, saying, “We can’t even confirm or deny we have these complaints.”

The county attorney offices and other representatives of the government officials who fired Parks, Baker and Lesley did not return phone and email messages seeking comment, or declined to comment.

At her Texas library, Baker displayed several books that have been targeted in recent book bans and a sign that read: “We put the ‘lit’ in literature” — a reference to a Tennessee pastor’s recent burning of books.

Baker was fired after refusing to take down the display and signs — considered the last straw after she resisted book banning in her library.

In March, a federal judge ordered 17 books returned to Kingsland library shelves while a citizen lawsuit against book banning proceeded. The works ranged from children’s books to award-winning nonfiction, including “They Called Themselves the K.K.K: The Birth of an American Terrorist Group,” by Susan Campbell Bartoletti; and “It’s Perfectly Normal: Changing Bodies, Growing Up, Sex, and Sexual Health,” by Robie Harris.

“Content-based restrictions on speech are presumptively unconstitutional and subject to strict scrutiny,” Texas U.S. District Judge Robert Pitman wrote in his March 30 ruling. He cited a 2015 U.S. Supreme Court ruling that barred communities from banning signs because of what they say.

The Llano County Commissioners Court decided against closing the county’s three libraries in response to the ruling. Closing the libraries would have echoed the history across the U.S. of closing swimming pools rather than desegregating them, Halpern said.

Like Baker, Lesley had trouble finding work after being fired from the library system she directed in Gillette, Wyo. Her dismissal followed two years of turmoil over challenges to the books available and library programs.

Some of the same county officials who opposed a transgender magician’s plans to perform at the library went on to join local residents in seeking to ban books, according to Lesley’s EEOC filing.

Baker and Lesley both were fired after local officials appointed new library board members willing to be more aggressive about pulling books.

“Our county commissioners appointed board members who were sympathetic to the people who wanted to remove the books. And it was a long dance to try to get it there. And in the end they had to fire me, I think, in order to be able to meet their goal,” Lesley said.

The Campbell County Commission skirted a deputy county attorney’s recommendation not to appoint past applicants for the board without reinterviewing them along with new candidates, according to Lesley’s EEOC claim.

“I saw this as a well-executed attack on the library by a group of citizens and elected officials. It was an attack on the LGBTQ+ community as well,” she said. “And it was an attack on the books.”