DONNELLY, Idaho — The Donnelly Public Library is waiting to learn when its case challenging Idaho's House Bill 710 will be heard after a federal appeals court ruled the law unconstitutional.
Idaho House Bill 710, passed in 2024, mandates that Idaho public and school libraries relocate material deemed "harmful" to minors to adult-only sections, or face legal consequences. Material considered harmful to minors is defined broadly to include any content with "sexual conduct" which includes homosexuality.
WATCH - Neighbors split over Donnelly Public Library joining lawsuit
A year after the Donnelly Public Library joined a lawsuit brought by publishers challenging House Bill 710, the case is moving forward again. The library is part of what Board Chair Emily Yost calls "lawsuit two" — a separate case from an earlier legal challenge that moved ahead in federal court.
That earlier case was heard by the Ninth Circuit, a federal appeals court that covers Idaho.
"So no action really happened on ours at that point. It kind of just went silent while we waited to see what happened with this in the 9th Circuit. Recently, the Ninth Circuit ruled that this was unconstitutional," Yost said.
Yost says that ruling allows Donnelly's case to be heard again.
"We are awaiting more information and timing from the courts as to when ours will be heard. It sounds like it could be sometime in April, but obviously that is not a hard and fast date," Yost said.
Not everyone in the community supports the legal challenge. Some residents have questioned why the library joined the lawsuit rather than pursuing other options.
"Why did we join a lawsuit instead of writing to our legislators?" one resident said.
Others have questioned the library's decision to become adults only while working to comply with the law.
"Do we really have to make this an adult only library while we're trying to comply with it?" a resident questioned.
Yost says the library, which operates in just over 1,000 square feet, sees its role in the case as broader than its size might suggest.
"I do think that we are representing a vast majority of libraries that have come under fire for various things from one way or another. And we're happy to speak up and make our point that we need to protect libraries and protect access to information and books of what libraries do," Yost said.
Yost also says the library has not spent any money on the legal challenge.
"The library has not funded any of these legal proceedings. This has all been pro bono by the various legal teams," Yost said.
As I previously reported, lawmakers passed House Bill 710 despite concerns from local librarians about its impact in Donnelly. The library is currently operating as adults only as it works to comply with the law.
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