A lawsuit has been filed by a coalition of booksellers, publishers, and authors in Texas to challenge a new law that requires bookstores to classify books based on sexual content. The plaintiffs argue that the law infringes on their First Amendment rights and is practically unworkable. The law, slated to come into effect in September, would compel booksellers to evaluate and rate every book they sell to schools, as well as books previously sold. Failure to comply would result in stores being prohibited from conducting business with schools.
Valerie Koehler, owner of Blue Willow Bookshop in Houston, expressed concern about the burden this law would place on businesses. She estimates that schools account for roughly 20% of her store’s sales, making the task of rating each book, not only those currently sold but also those sold in the past, an insurmountable challenge.
This legal battle in Texas highlights a new front in the ongoing culture war over book banning and determining appropriate reading material for children. Over the past two years, book bans in the United States have increased, with conservative activists targeting books about race, racism, and LGBTQ+ issues. New laws across the country have made it easier to remove books from libraries and imposed restrictions on the types of titles accessible to children.
While previous fights mainly revolved around books available in schools and libraries, the legislation in Texas directly involves booksellers. Governor Greg Abbott, who signed the bill into law, hailed it as a way for parents to exert more control over their children’s reading materials. However, opponents of the law argue that it takes decision-making power away from schools and parents, shifting the burden onto vendors.
Critics also contend that the law will lead to an increase in book bans in Texas, already the leader in book removals from schools, according to PEN America, an organization advocating for free speech rights.
The lawsuit was brought by two independent Texas bookstores, Blue Willow Bookshop and BookPeople, along with the American Booksellers Association, the Association of American Publishers, the Authors Guild, and the Comic Book Legal Defense Fund. These entities are challenging state library and education officials responsible for implementing the law.
The legal complaint, filed in the U.S. District Court, argues that the law violates the First Amendment because it compels booksellers to assign subjective and potentially divisive ratings, such as “sexually explicit,” “sexually relevant,” or “no rating.” Unlike movie ratings, which are voluntary, booksellers must submit their ratings to the Texas Education Agency, which can override them if deemed necessary.
Under the law, schools would be prohibited from purchasing or providing books labeled as “sexually explicit.” Books labeled “sexually relevant” would face restrictions and require written parental consent for students to check them out.
According to Cheryl L. Davis, general counsel of the Authors Guild, the legislators behind the law are attempting to control what other people’s children can read.
Maria A. Pallante, CEO of the Association of American Publishers, criticized the law for forcing book vendors to act as government mouthpieces and subjecting them to retaliation if they refuse to comply with the labeling requirements.
This lawsuit represents the latest effort to resist book removals and censorship. Another lawsuit has been filed in Arkansas, where a new law could result in imprisonment for librarians and booksellers who fail to establish a separate “adults only” section for potentially “harmful” materials. In Florida, students and the authors of a children’s picture book have sued a school district and the state board of education, alleging the unconstitutionality of restricting access to books in school libraries.
State library and education officials responsible for implementing the law did not provide immediate comments when approached.
The impact of the Texas law is already being felt before its enforcement begins. In the Katy Independent School District near Houston, schools have ceased purchasing books and placed existing titles in storage until they are rated.
Charley Rejsek, CEO of BookPeople in Austin, considers compliance with the law impossible. Founded in 1970, BookPeople lacks records of titles sold over the past five decades, let alone a means of ascertaining which books are still in circulation. Nevertheless, according to the law, BookPeople would be held accountable for rating those books.
Rejsek stated that it is challenging to envision a viable path for complying with the law as written. The store would need to read and rate thousands of titles requested by school districts, some potentially in languages that staff cannot understand.
Bookstores like BookPeople desire collaboration with schools but struggle to find a way to comply with the law’s requirements.
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