Nevada Legislature 2025

As culture wars flare at libraries, Nevada lawmaker seeks to move book ban decisions to courts 

The bill would limit the power of local library staff and trustees to remove books, instead tasking courts with deciding whether materials are truly “obscene.”
Lizzie Ramirez
Lizzie Ramirez
EducationLegislatureState Government
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Two vehicles parked outside a recent Washoe County Library Board meeting gave a hint at the kind of polarization that waited inside. 

One truck had a President Donald Trump “told ya” sticker on its back window. Another car had pink eyelashes over the headlights and flew a transgender pride flag.

Library board meetings have become ground zero for debates about banning certain books or making them harder for children to access, particularly when they deal with LGBTQ+ and diversity, equity and inclusion topics. At this meeting on April 16, some attendees held signs that said “Fire Scott” and “Save Washoe County,” blaming former library Director Jeff Scott for allowing a storytime featuring drag performers. 

Meanwhile, members of Freedom to Read, an organization that supports public libraries, were scattered among the crowd with vibrantly colored signs opposing “hate speech.” 

“There are many times when individuals come up to give public comments, the rhetoric that they use is hateful, harmful and straight out hate speech,” organizer Naseem Jamnia told The Nevada Independent. 

But Assm. Brittney Miller (D-Las Vegas) is hoping to defuse the controversies through AB416, a bill that takes decisions about book removals out of local school and library officials’ hands and instead moving them to court — something she said will ensure more consistency in bans from one jurisdiction to the next. 

The bill would criminalize two types of actions — including trying to share sensitive information about library employees or threatening them — as felony offenses, punishable by one to four years in prison and a fine of up to $5,000.

AB416 passed the Assembly on a 29-13 vote on Wednesday, with two Republicans voting yes along with all Democrats. The bill is exempted and it still needs to clear several more legislative steps by the end of the session, which is less than two weeks away, to become law.

“It's heartbreaking that we even have to consider bills like this in 2025,” Miller said in an interview with The Nevada Independent.  “I grew up as a kid thinking all my rights were ingrained and protected … But we've seen this movement, especially over the past few years, with censorship and book banning.”

Who has control over book bans?

To challenge a book in the Washoe County Library System, residents need to affirm they have fully read the book they are challenging, fill out a form, and submit it to library staff or email it to the system’s collection development manager, who oversees which materials are purchased by the library. The development manager will respond within a “reasonable period of time.”

If the book challenger is unsatisfied with the collection development manager’s decision, they have 10 days to make a written appeal to the library director. Despite a “loud” group of people pushing for book bans, Washoe County Library Board of Trustees Chair Ann Silver said the Washoe County Library hasn’t removed any books from its collection yet in response to the challenges.

Silver told The Nevada Independent the board has never even discussed book banning as a serious option. 

“If parents don't want their children to read certain books, they should make sure they don't,” Silver said in an interview. “They should also check their phones and what they're seeing on their screens and what they're watching on TV in equal measure.”

Pushback over library material has happened elsewhere in Nevada, too. Pahrump considered reshelving certain children’s books that had LGBTQ+ themes to the adult section, but after months of consideration, they decided to put a halt to the plan

Miller characterized the situation in Pahrump as part of a political agenda and said it underscored the importance of this bill.

“That's the inconsistency that concerns me, because, again, it shouldn't be that Pahrump's library board and Clark's library board, they can easily come to two different determinations,” Miller said. “And I understand people say, ‘Well, this community, that community,’ but you know, there's only one First Amendment, and it's blanketed over this entire nation.”

If AB416 passes, individuals wishing to challenge a book will need to  petition a court, which will review it and decide if the book is “obscene.” If the book is deemed obscene, there will be a court-created statewide list of banned books to ensure libraries don’t purchase or shelf that book again.

Opponents, including Bruce Parks, chairman of the Washoe County Republican Party, said this change would put an “undue hardship on citizens.” 

Opponents also argue the bill is taking rights away from parents by removing the option to appeal to the library, and say some of the materials they are challenging are “desensitizing” children. 

However, Miller says this bill doesn’t take the rights away from anyone and that opponents don’t fully understand the bill. Parents can still challenge books, they will just have to go through the courts.

Miller, a middle school teacher, says the bigger issue is that parents need to be involved in their children’s lives so that their children are instilled with values their parents believe in.

“When a kid brings you that book and they see that word ‘ass’ in there, and they bring it to the teacher … I'll just say straight to them, ‘Well, is this something your mom would be OK with you reading?’” Miller said while describing a situation she was in. “And they'd say no … And so either the kid … has either handed me the book, or they run and they put it back on the shelf, right? That's what you want your kids to do, if you're instilling certain values in your kids.”

Potential criminal offenses

Opponents to the bill have also raised concerns about the new potential criminal penalties. Under the bill, it would be a crime for someone to threaten force, intimidation or coercion in an attempt to block access to a book and pressure staff or a board member to violate the library access rules. Additionally, individuals will be prohibited from retaliating and doxxing library system employees. 

Those actions would be considered category E felony offenses, punishable by 1 to 4 years in prison and a fine of up to $5,000. 

Opponents such as Deborah Earl, vice president of Power2Parent, said the provision would have a “chilling effect on free speech” and contends that it would criminalize a parent who “tells others in the community about objectionable books,” and she 

Miller said she was inspired to sponsor the bill by the multiple librarians who told her of the experiences they were going through. She said supporters include a library board member who was afraid to openly support the bill publicly because she fears retaliation.

Miller is confident AB416 will be signed into law by Gov. Joe Lombardon (though a spokesperson for his office did not return a text seeking comment). She told The Nevada Independent she meets with his staff on a regular basis and she trusts Lombardo will protect Nevadans’ First Amendment rights. 

“The public library, it is for everyone,” Miller said. “Including adults, and they do have mature sections where they have mature literature or art.”

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