The Alabama House of Representatives passed a bill Thursday that would prevent children from being exposed to sexual or explicit material or conduct in schools and public libraries.

By definition HB385According to a bill proposed by state Assemblyman Arnold Mooney, adults who “distribute material harmful to minors that is a public nuisance” could be charged with a criminal offense.

It would also create a criminal offense for anyone who engages in “sexual or gender-oriented conduct that knowingly exposes a minor to persons wearing sexually revealing, exaggerated, or provocative clothing or costumes, or stripping, or engaging in lewd or lascivious dancing, presentations, or activities in a K-12 public school or public library where a minor is expected and known to be present without parental presence or consent.”

“My point is, this is about protecting kids,” explained Rep. Mooney (R-Indian Springs).

“This is not a Democrat bill. It's not a Republican bill. It's a people's bill to protect our children. What this bill doesn't do is affect the right of adults to make sexual or gender-related comments that aren't defined as lewd, in places where minors are not present. Adult men and women are free to dress how they want and behave how they want, as long as they're not in places where children are expected and known to be present, such as public libraries or public school libraries.”

In addition to banning pornography and transgender ideology from children's libraries, the bill would ban stripping, drag shows and other explicit performances in libraries and schools across the state.

“We did what was necessary to protect children who were in an environment where parents were not present or where parents did not consent,” Mooney said.

Democrats in the Alabama House of Representatives have taken issue with the proposal and announced their opposition on Thursday.

“So you're basically saying that a person's clothing can be sexual in nature?” asked Rep. Artis “AJ” Campbell (D-Linden). “That's basically what your definition says.”

Mooney read that the bill would prohibit “gender-oriented conduct that knowingly exposes a minor to persons wearing sexually revealing, exaggerated, or provocative clothing or costumes, or to persons stripping, or engaged in lewd or lascivious dancing, presentations, or activities in any K-12 public school or public library where children are expected or known to be present without the presence or consent of a parent.”

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“This is a violation of First Amendment rights,” Rep. McCampbell said. “You're right, we don't want our kids to see this stuff, but there's a lot of stuff out there in the real world that we don't want our kids to see.”

“Kids are still going to be exposed to those things,” McCampbell said. “We can't create a cocoon around them. That's not reality.”

Rep. David Faulkner, R-Mountain Brook, introduced a floor alternative to the bill adopted by the Assembly.

“We've tightened the notification provisions,” Faulkner explained. “In the case of libraries, we have to provide written notice to the library director. In the case of K-12 and public school libraries, we have required written notice to be provided to the superintendent or principal of the school district that there are materials in the library that violate this current law.”

Faulkner said a copy of that notice “should be given to the district attorney.”

Faulkner provided written notice to libraries that materials that violate the law may be in their possession, explaining that the materials “are not in compliance with this existing law and may be subject to prosecution if discovered and not removed within seven days.” A Class C misdemeanor can be filed for a first violation, a Class B misdemeanor for a second violation, and a Class A violation for a third or subsequent violation.

“This does not apply to colleges and universities or university libraries,” Faulkner said.

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“You can put lipstick on a pig, but it's still a pig,” said Rep. Barbara Drummond (D-Mobile). “No matter how much you water down this, it's still a pig.”

“This isn't about censorship or banning books, this is about protecting kids,” said Rep. Mark Gidley (R-Gadsden). “This isn't about putting librarians in jail, this is about protecting kids.”

“We excluded other public places. There was a provision for that in the original bill,” Faulkner said. “We limited it to elementary, secondary schools or public schools.”

“My fundamental concern is the violation of First Amendment rights,” said state Rep. Neil Rafferty (D-Birmingham).

The bill passed largely along party lines, 72-28, and now heads to the Alabama Senate for consideration.

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