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HomeMy WebLinkAbout07-15-2024-BLT-PUBLIC COMMENTSwww.californiaparentsunion.com 1 P.O. Box 221562 | Carmel CA | 93922 tracy@californiaparentsunion.com June 3, 2023 RE: GOVERNOR NEWSOM’S THREAT LETTER RE: BANNING BOOKS Dear California Superintendents and Administrators, It appears our California state government is once again attempting to mislead and bully educators in the state of California as they did during COVID relating to masks and testing of our youth. As you recall California Department of Public Health’s (“CDPH”) director sent a letter out August 23, 2021 which threatened educators with legally untenable consequences into believing they had to force mask and test children – or schools could be sued, the school insurance would be canceled, teacher credentials were allegedly at risk, crimes could be charged - when those measures were only ever mere health recommendations. Educators tragically believed CDPH’s lies and unspeakable things happened to our children for years as a result. Instead, I write to provide you with reasoned legal information to help you see through this blatant intimidation tactic to prevent a similar travesty from happening again. On June 1, 2023, Governor Newsom, Attorney General Bonta, and Superintendent Thurman (Collectively the “State”) wrote a letter relating to the removal of books from libraries and curriculum. The letter hit a few key points that I will address in turn. However, as usual, the State is pushing propaganda and misses the entire point of what actually concerns parents. What parents do not want in their schools is any material or curriculum that is developmentally inappropriate or aimed at oversexualizing children. This is not about “banning books that reflects diverse experiences and perspectives of Californians.” It is about preventing the use of or removing all material not developmentally appropriate for our children in any form. Most particularly, it is about obscene PORN in our school curriculum, materials and libraries. CONSTITUTION DOES NOT RESTRICT BANNING PORNOGRAPHY The State first makes the point in its June 1 letter that “freedom of speech may include controversial, unpopular or offensive content.” It goes on to articulate what we all know: “that local educational agencies have broad discretion in the management of school affairs but it may not ban books because one dislikes the ideas in them.” The State cites to Board of Education v. Pico a 1969 United States Supreme Court case among other cases. This first point exemplifies how out of touch the State is as to what is happening in our schools that concerns parents. www.californiaparentsunion.com 2 What local educational agencies cannot do is push porn or a religion/ideology or pedophilia on our children. The same case cited by the State stands for this exact proposition. Book removal or banning does not violate the constitution, and more precisely the first amendment, and educators are perfectly within their rights to remove or ban them when they are unsuitable. Bd. of Educ. v. Pico, 457 U.S. 853, 871(“respondents implicitly concede that an unconstitutional motivation would not be demonstrated if it were shown that petitioners had decided to remove the books at issue because those books were pervasively vulgar.”) The Pico Court goes on to make a very important counter point that the State neglected to mention in its letter: “And again, respondents concede that if it were demonstrated that the removal decision was based solely upon the "educational suitability" of the books in question, then their removal would be "perfectly permissible." Id at 871. Obscenity is not within the area of protected speech or press. Roth v. United States, 354 U.S. 476, 485 as cited in Ginsberg v. New York, 390 U.S. 629, 635. “There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene . . . . It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality. . . ." Roth v. United States, 354 U.S. 476, 485 citing Chaplinsky v. New Hampshire, 315 U.S. 568. We The Parents want all references to obscene material, hidden under the guise of “social studies” or whatever doublespeak the State is using, out of our schools. CALIFORNIA EDUCATION CODE DOES NOT SUPERCEDE CALIFORNIA PENAL CODE WHICH MAKES DISTRIBUTION OF PORNOGRAPHY TO MINORS A CRIME The State next pushes the idea that California educators must provide a representative social sciences curriculum, cannot present discriminatory content, and then takes the illogical leap to contend that removing books could amount to discrimination. The State then has the audacity to threaten local education agencies with the office of the attorney general and encourage people to file discrimination complaints with their local education agencies and even appeal to the CDE. This is a bastardization of the laws explaining what rises to the level of discrimination, a patent abuse of power, and a blatant intimidation tactic. Parents have every right to inquire what their children are being taught and raise objections as to what is not appropriate from their perspective. www.californiaparentsunion.com 3 Let me be clear. All that has happened in the law in relation to “gender identity1” is that another protected class has been added to the already in place laws against discrimination. Like the other protected classes enumerated in California statutes, such as religion or race, in order for one to act in a manner that rises to the level of actionable discrimination, certain facts must exist. For example, to prevail on a claim under Ed Code §220 for peer sexual orientation harassment, a plaintiff must show (1) he or she suffered “severe, pervasive and offensive harassment that effectively deprived the plaintiff of the right of equal access to educational benefits and opportunities; (2) the school district had “actual knowledge” of that harassment; and (3) the school district acted with “deliberate indifference” in the face of such knowledge. Donovan v. Poway Unified School Dist., 167 Cal. App. 4th 567, 579. “Whether gender-oriented conduct rises to the level of actionable "harassment" thus "depends on a constellation of surrounding circumstances, expectations, and relationships," Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 82 (1998), including, but not limited to, the ages of the harasser and the victim and the number of individuals involved, see OCR Title IX Guidelines 12041-12042. Id at 651. “Damages are not available for simple acts of teasing and name-calling among school children… even where these comments target differences in gender. Rather, in the context of student-on- student harassment, damages are available only where the behavior is so severe, pervasive, and objectively offensive that it denies its victims the equal access to education that Title IX is designed to protect.” Davis v. Monroe County Bd. of Educ., 526 U.S. 629, 652. Emphasis added. This means one must engage in behavior that actually rises to the level of discrimination. This does not mean removing porn from our schools equates to discrimination. No where in the State’s letter to all educators or in the CDE’s recent publication on Removal of Instructional Materials does it address the fact that porn is in our school materials which is against the law. Our Penal Code carries very stiff penalties for the use of lewd materials when it comes to minors. “Obscene matter” means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. Cal Pen Code § 311. Material that is “obscene or incites pupils as to create a clear and present danger” is prohibited. Cal Ed Code § 48907. Every person who publishes, possesses, or prints material knowing that the matter depicts a person under the age of 18 years personally engaging in or personally simulating sexual conduct violates Cal Pen Code § 311.1. A person is guilty of sexual exploitation of a child if he or she knowingly… duplicates, prints, or exchanges any representation of information that depicts a person under the age of 18 years engaged in an act of sexual conduct. Cal Pen Code § 311.3. And if you commit criminal violations and used obscene or harmful matter to induce, persuade, or encourage the minor to engage in a lewd or lascivious act your penalties can be more serious. These are just some of the California laws against obscenity. Is porn in our classrooms or libraries? Absolutely. The following excerpt is taken from a book called “The Bluest Eye” which a Roseville area school district recently tried to justify by comparing it to Romeo and Juliet because of the “suicide” scene: 1 This is simply a concept that a person can “identify” on a broad spectrum. Sex is not the same as gender; sex is based on what physical characteristics one is borne with at birth. www.californiaparentsunion.com 4 What the State should be encouraging is parents to file complaints with licensing agencies against anyone who violates the law by serving obscene material to minors. This includes not only the lewd books in our libraries but everything else that is aimed at normalizing sexual acts in our schools involving minors. In sum, the State’s clear threat and intimidation tactic under the guise of a demand for information regarding book removals or banning is unfounded if you as a local educational agency act constitutionally. You know inappropriate material when you see it and if you cannot tell then ask the parents what they find appropriate and stop participating in the most recent political fads. Get back to basics. Whatever you decide to do, understand that the State’s letter is aimed at doing their best to confuse, mislead, and threaten and intimidate you into believing you have no choice; however, I am here to tell you, you do. Please make the right choice one for our kids – Get The Porn Out. Sincerely, Tracy L. Henderson, Esq Founder | California Parents Union July 14,2024 To: City of Newport Beach Board of Library Trustees Dorothy Larson, Lauren Kramer, Antonella Castro, Meghan Murray, Chase Rief Newport-Mesa School District taxpayers got a rude awakening two years ago when an elementary school student at Wilson School showed Flamer to his mother who then complained to the school board trustees. Good for her. As Newport Mesa Unified School district taxpayers, we were horrified when we learned several copies of this book were in the school library. We wrongly assumed that we could trust the School Board trustees to approve library books that were age appropriate and not allow pornographic material. We assumed adults, acting on behalf of parents, would want to protect kids’ innocence and school librarians would discern what books were age appropriate and eliminate books which were not. We were sorely wrong. The library tech at Wilson was quickly dismissed and the books removed. But the public confrontation caused us to start looking carefully at all library books paid for with tax dollars. When did we start allowing these kinds of books in our libraries? What happened to discernment? Common sense? When did we cave in to tolerating what is offensive to most adults and allowing children to consume it? It takes courage and time for us to bring Flamer now to your attention as library trustees. If we didn’t speak up and support this appeal and the removal of this book, this book would stay on the shelves and children, and even if it is just one child, would be less innocent by reading it. And you, as trustees, would be responsible. It is worth our efforts to appeal to your common sense that this book should not be on library shelves for children under 18 years old, unless you think it is ok to offer them Playboy, Hustler, etc. as well. God forbid. Will you take a courageous stand in this community and agree that this book caters to prurient interests which means “having or encouraging an excessive interest in sexual matters?” Flamer is salacious, lascivious, unwholesome, and indecent and there is no justification for it being on tax-supported library shelves. You have an opportunity to tell this community that if anyone wants to read it, they can order online or buy it in a bookstore, and tax dollars are not going to be used to buy, catalog and shelve it. Please remove this book from library circulation. Sincerely, Wendy Leece July 15, 2024, BLT Agenda Item Comments These comments on Newport Beach Board of Library Trustees agenda items are submitted by: Jim Mosher (. Item No. 1. Appeal Hearing of "Flamer" by Mike Curato I have not seen any of the books recently appealed, since they have all been checked out. But I understand that in this case the objection seems to be that this book contains some words and images the appellant feels are inappropriate for teens to see, and the request is to move it from the Teen Collection to the Adult Section of the library. I would note that according to the minutes of the June 17, 2024, meeting (Item 2 on the present agenda), the Board adopted revisions to its Collection Development Policy (NBPL 2), placing increased scrutiny on items added to the Children's Collection. On page 12 (handwritten page 24 of agenda packet), the present appellant asked that the increased scrutiny be applied to the teen collection and not just to materials for children aged 12 and under. The Board rejected that suggestion and declined to apply the increased scrutiny to the Teen Collection. I would also note that moving an item from the Teen Collection to the Adult Section does not restrict access to the item: it simply means that a person searching for the item in the catalog will be directed to a different shelf. Hence, the concern seems limited to the possibility that an innocent person physically browsing the Teen Collection, but not specifically looking for this item and unaware of its existence, will accidentally encounter it, open it and be exposed to words and images the sight of which will have bad consequences. While such shock may be theoretically possible, I would guess the teen who has not encountered similarly inappropriate words spoken by their peers or adults, or similarly inappropriate images on the internet, is rare. Item No. 2. Minutes of the June 17, 2024 Board of Library Trustees Meeting The passages in italics are from the draft minutes, with corrections suggested in strikeout underline format. Page 2 (handwritten page 14 of agenda packet), Item 1, paragraph 3, sentence 1: “Library Services Director Melissa Hartson provided information about the book, its location and how the evaluation result was decided and stated that the publisher of the book, Scholastic Inc., is a reputable and the largest publisher and distributer distributor of children’s books in the world.” Page 2 (handwritten page 14 of agenda packet), Item 1, paragraph 4: “Chair Watkins thanked Ms. Webb for the research and good information that she provided and stated he July 15, 2024, BLT agenda item comments - Jim Mosher Page 2 of 5 found it informative and called for public comments and requested all comments be limited to two minutes and subjective to about the pros and cons of the appeal and not extraneous arguments.” Page 4 (handwritten page 16 of agenda packet), full paragraph 3: “Library Services Director Hartson clarified that the book is not available in the Mariners Branch’s school library section.” Page 4 (handwritten page 16 of agenda packet), full paragraph 7, sentence 2: “It’s an important resource and the overall message of the book was to celebrate a person in history in Statton Staten Island that hadn’t gotten appropriate recognition and the kids recognized that and, in the process, learned about themselves.” Page 5 (handwritten page 17 of agenda packet), Item 1, paragraph 2 from end: “Chair Watkins reviewed the Director’s decision on the evaluation was to have the book remain in the children’s collection, and called for public comments and requested all comments be limited to two minutes and subjective to about the pros and cons of the appeal and not extraneous arguments.” Page 6 (handwritten page 18 of agenda packet), paragraph 5, sentence 1: “Vien Nguyen, Newport Beach resident, spoke in support of the Director’s decision and agreed with the previous speakers speaker’s points.” Page 8 (handwritten page 20 of agenda packet), Item 3, paragraph 2, sentence 3: “It She stated that it leaves young white children feeling like they’ve done something wrong and because of their skin color they should feel back bad about that.” Page 10 (handwritten page 22 of agenda packet), last paragraph before Item VI: “The Board Took took a 10-Minute Break at 6:42 p.m. and resumed with all members present except for Secretary Lauren Kramer who had an excused absence.” Page 12 (handwritten page 24 of agenda packet), first bullet: “page 103 of the redlined version and requested the addition of a semi colon semicolon, in the 4th line of the same paragraph add “Collection” after “Children’s”” Page 12 (handwritten page 24 of agenda packet), third bullet: “top of page 105 – 4th line from the bottom of the underlined material at the – add the word “to”before between “anything”and “the contrary.”” Page 12 (handwritten page 24 of agenda packet), paragraph 2 after bullets, sentence 2: “And She suggested they review the books already in the Collection, specifically at the Mariners branch in the students’ section, white privilege should be added to the list of controversial issues, and parents should be allowed access to the library when the school students are using the library.” July 15, 2024, BLT agenda item comments - Jim Mosher Page 3 of 5 Item No. 8. Approval of Site Placement for A Novel Idea by Craig Gray I support the staff recommendation. I would also note that according page 21 of the May 20, 2024, minutes, the Board’s decision at that time was not technically “to not approve the Balboa Branch Library as the site placement for A Novel Idea” (as the present staff report says), but rather “to reconsider the Balboa Branch as the location of A Novel Idea.” The significance of that slightly different wording is not clear from the minutes. In any event, “reconsideration” certainly seems appropriate in view of the June 17 straw poll to do so. Item No. 9. Library Service Policy (Council Policy I-1) I must respectfully suggest that in continuing to recommend “no change,” staff is missing the point of this item. For those unfamiliar with its history, library policies seem to have long been regarded as City Council policies, adopted by the Council generally, but not necessarily always, on recommendation from the Board of Library Trustees. As of August 2017, this consisted of a suite of eight active policies. 1 They consisted of Policy I-1 (Library Service Policy),Policy I-2 (Use of the Newport Beach Public Library),Policy I-3 (Newport Beach Public Library Collection Development Policy),Policy I-4 (Library Gift and Donor Policy),Policy I-5 (Newport Beach Public Library Collection Gift Policy),Policy I-6 (Children in the Library), Policy I-7 (Library Meeting Rooms) and Policy I-8 (Newport Beach Public Library Internet Use Policy). Of those, Policy I-1, dating back at least to 1974, had set the vision for the function and future development of the NBPL. However, as part of a comprehensive review of the Council Policy Manual undertaken in 2017, and adopted as Item 18 at the Council’s August 8, 2017, meeting, it was recognized that City Charter Subsection 708(a)gives the Trustees exclusive charge of library administration, and neither requires nor allows Council modification of policies set by the Board. As a result, the Council “repealed” (but encouraged the Trustees to adopt as their own) its policies I-2 through I-6 and I-8 (see pages 3 and 154 of the staff 1 There as also a Policy O-3 (Disposal of Discarded Library Materials), last updated in 1981, that seemed to fallen into disuse without being formally repealed. July 15, 2024, BLT agenda item comments - Jim Mosher Page 5 of 5 designation in the BLT’s policy system, the vision guiding the NBPL should not be lost. should it be “NBPL 0”? Or should it be incorporated into a separate Vision/Mission Statement? Or even combined with a strategic plan for the future adopted by the BLT? As to the second omission, I would respectfully suggest that review of proposed NBPL policy changes by the City Attorney’s Office is no substitute for the Council’s request to see them before adoption. To the best of my knowledge, the City Attorney’s Office does not show the proposals to the Council or ask for their comments. My guess is that in adopting their new Policy I-1, the Council expected the BLT to direct library staff to provide copies of BLT policy revisions to the City Clerk for inclusion as Council consent calendar items, where they (and the public in general) would have a chance to comment before their adoption by the BLT. If the BLT does not want NBPL staff to do that, they should ask the Council to delete Policy I-1. Otherwise they should follow it. Having a policy that is ignored serves no one, as does having no vision. 2 and older secƟon. Parents sƟll have freedom to choose how, when and whether their children have access to these books. 4. Stop this Appeals process that is encouraging criminal youth behavior, wasƟng your Ɵme, our tax dollars and resources that could be more producƟve veƫng quality good books. 5. Our Team pledges to assist in these efforts by presenƟng 100’s of good books, book fair opportuniƟes, speakers and book readings for children under 18. America is great when America is good! Be the shining Light on the hill! Ban this sexual moral decay! Stand for Truth! You are leaders at such a Ɵme as this! Join us to CONNECT CHILDRENS MINDS AND HEARTS FOR GOOD! “ ……A good tree cannot bear bad fruit nor can a bad tree bear good fruit. Every tree that does not bear good fruit is cut down and thrown into the fire. Therefore by their fruits you will know them.” Matthew 7:18-20 Many blessings to all, Constance