SIOUX FALLS S.D. (KELO) — A new law going into effect in January is changing how schools and libraries handle obscene content.
House Bill 1197, which was passed in March, requires that a public school or public library prepare and adopt a policy that makes obscene material off-limits to minors and post it on the website or publish it annually in the local legal newspaper.
They also would be required to equip public access computers with software to limit minors’ access to obscene material or to purchase internet connectivity from an internet service provider that provides filter services.
Republican Rep. Mike Stevens, said in a House Education meeting in February the courts use a three-pronged approach to determine if something is considered obscene and South Dakota courts use the same definition.
“The first criteria is whether the average person finds that the matter taken as a whole appeals to prurient interests, secondly whether the average person finds that the matter depicts or describes sexual conduct in a patently offensive way, and thirdly whether a reasonable person finds that matter taken as a whole lacks serious literary, artistic, political, or scientific. Any material that would satisfy these three-pronged test may be found to be obscene,” Stevens said.
Stevens said many different schools and libraries are already trying to implement polices to prohibit obscene content.
“It would require them to prepare, adopt, and publish policies to provide our citizens with an avenue and process to make sure that our children are not exposed to any obscene material in those venues,” said Stevens.
Siouxland Libraries announced that they will no longer be hosting their Student Success Cards program, which gave library cards to students whose parents wouldn’t come and get them a library card.
The library stated they are disappointed to see the program go, but it is the role of
the library to safeguard the institution by allowing full parental control.
According to the Library Board minutes for their November 13 meeting. “Individuals under 18 must have parental consent… With the new State law requiring a local policy that establishes measures to restrict minors from accessing obscene materials, the library’s stance is that parents/guardians have control over their children’s library use.”
Siouxland Libraries Director Jodi Fick’s recommendation was to discontinue the Student Success Cards option so that it is clear that parents are aware of their child’s use of the library. The motion was carried with an effective date of December 1, 2024.
Fick said the card was successful, but ultimately parents need to be responsible for what their children are checking out of the library.
“We had the student success card and we actually issued a card to students whose parents wouldn’t come to the library and get them a library card. We’ve been doing that program since 2021,” Flick said in an interview with KELOLAND News. “In 2021 we were seeing an increase in kids who were using our library but could never get their parents to come in and register them for a full library card.”
Flick said one of the reasons they started the program was low reading scores in the Sioux Falls school district.
“This was put together as an option for those kids who really want to read a book, want to take it home but couldn’t get their parents here,” Flick said. ” The Student Success Card allowed up to two books at a time from the children’s collections or if they were a teen, the children and teen collection.”
According to the Library Board minutes, the statistics of the program showed that over 300 cards were issued each year with checkouts averaging 6 items per card. There are 133 currently issued, these cards will be grandfathered in but will not be renewed.
Flick said they wish to allow full parental control over what their children are checking out.
“It says that you have to have a policy that defines how you will restrict minors access to obscene materials,” Flick said.” Which for us we rely heavily on the fact that parents are responsible for what their children check out.”
“It’s an interesting time period that we’re in because we do need to respect parents’ rights to monitor their children and the challenge is that not all parents are doing what we wish they would do which is get their child a library card.”
The current policy states that they support the right of all members of the community to have free and equal access to the collection, but individuals under 18 must have parental consent to possess a library card.
