HomeMy WebLinkAboutCity Council - 2023-41 RESOLUTION NO. 2023-41
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR CHILDREN'S
LIBRARY MATERIALS CONTAINING SEXUAL CONTENT
WHEREAS,the City Council has observed that there are some children's books and
other materials in the City's libraries that contain sexual writings, explicit sexual references,
explicit sexual images, and other sexual content, and views and considers much of this "obscene"
and/or"pornographic;" and
WHEREAS, "obscenity" is defined as material appealing to prurient interests,portraying
sexual content in a patently offensive way without serious literary, artistic, political, or scientific
value and"pornography" is commonly defined as the depiction of erotic behavior intended to
cause sexual excitement; and
WHEREAS, the City Council is concerned that some of the children's books and other
materials ("books and"other materials' also includes any digital content and/or online content)
in the City's libraries contain sexual content that is viewed by the community as obscene and/or
pornographic; and
WHEREAS,those books and other materials containing sexual content are presently
readily available to children without any parental involvement or requirement for parental
involvement; and
WHEREAS,the City Council seeks to protect our community's children by necessarily
involving parental oversight and participation regarding children's access to obscene,
pornographic, or sexual content in books and other materials at or from the City libraries; and
WHEREAS,the City libraries are funded by taxpayers from the community and
children's books and other materials are necessarily procured by taxpayer funds; and
WHEREAS, the content of books and other materials are generally judged by
"community standards"per Miller v. California (1973) 413 U.S. 15;
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. Children's Accessibility to Library Books:
a. No City Library or other City facility shall allow children ready access to books
and other materials that contain any content of sexual nature. Books and other
materials containing any sexual writings, sexual references, explicit sexual
images, and any other sexual content shall not be placed in, or be present in, any
section of any City Library or facility other than adult section(s), i.e.,those
areas/shelves designated for 18-years or older.
b. Parental or guardian consent will be required before accessing or checking out
any book or other material that contains any sexual writing, sexual references,
sexual images, and/or other sexual content by anyone under 18-years of age,
whether the books or materials are intended for children or adults.
23-12647/321065
RESOLUTION NO. 2023-41
2. Procurement of New Books and Materials Required to Meet Community Standards:
a. No City Library or other City facility shall procure (children's)books or materials
containing any sexual writing, sexual references, sexual images, and/or other
sexual content that are intended for children without first receiving the approval
of a community parent/guardian review board.
b. A community parent/guardian review board shall be established, comprised of up
to twenty-one (21) adult community members, each Council Member appointing
three (3)to review all proposed or new children's books and other materials
procured by the City Libraries or City Librarians that may contain sexual content
before the books or materials are placed in the City Libraries or facilities.
c. This community parent/guardian review board shall meet at least twice a year,
and more if necessary, to review children's books recommended to the City
Libraries to determine by majority vote if the books and materials meet the
community standards of acceptance for the City of Huntington Beach. If
recommended books or materials do not meet the City's community standards of
acceptance, they may be rejected by vote of the community parent/guardian
review board.
d. The community parent/guardian review board may also recommend books or
other materials currently in circulation at City Libraries be subject to the same
review process on a case-by-case basis. Should the community parent/guardian
review board find a book or material currently in circulation does not meet
community standards, it shall be placed in the adult section and subject to parental
and guardian consent before being checked out by anyone under the age of 18.
e. This section does not modify the requirement in Section 1 of this Resolution that
any book containing sexual content be placed in the adult section and require
parental or guardian consent for children to access.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of October , 20 23
ATTES
(*Sit, 9A141141,164)
City Clerk Mayor
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Mayor Pro Tempore
APPROVED A FORM:
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Ci Attorney
23-12647/321065
Res. No. 2023-41
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on October 17, 2023 by the following vote:
AYES: Van Der Mark, Strickland, McKeon, Burns
NOES: Kalmick, Moser, Bolton
ABSENT: None
RECUSE: None
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City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California