- “The court made it clear that Huntington Beach cannot censor books simply because of whose stories they tell. Representation saves lives, and access to knowledge is essential to dignity and equality for all.” – Khloe Rios-Wyatt, founding member and CEO of Alianza Translatinx
By Vanguard Staff
SANTA ANA — In a significant victory for the freedom to read, a state superior court has issued a tentative ruling against the City of Huntington Beach, blocking its attempt to impose restrictions on access to books in the city’s public libraries.
The ruling in Alianza Translatinx v. City of Huntington Beach prohibits the city from implementing and enforcing its 2023 resolution that required the “review of library materials containing sexual content” and restricted minors’ access to those materials.
Judge Lindsey E. Martínez overruled the city’s demurrer and granted the plaintiffs’ petition for writ of mandate, finding that the city’s actions violated the California Freedom to Read Act (FTRA) and the California Constitution. The court concluded that Huntington Beach’s status as a charter city did not exempt it from state law protections for library access.
“The freedom to read is one of the fundamental pillars of democracy, and today democracy won,” said Erin Spivey, a plaintiff in the case.
The lawsuit, filed in February, was brought by three Huntington Beach residents, including two teenagers, along with the nonprofit Alianza Translatinx. It sought to compel Huntington Beach to comply with the requirements of the FTRA, enacted in 2024, which bars limiting library access based solely on sexual content unless the material qualifies as obscene under U.S. Supreme Court precedent.
“Today, the court confirmed Huntington Beach’s Charter City status is not a license to disregard state law and violate constitutional rights,” said Jonathan Markovitz, senior staff attorney at the ACLU Foundation of Southern California. “We appreciate that the court protected minors’ access to a diverse range of library materials they need to learn about the world around them and to participate in a democratic society.”
The challenged resolution required that books with any “sexual content” be moved to the adult section of the library and mandated parental consent before minors could access them, “whether the books or materials are intended for children or adults.” According to the court, this constituted an improper limitation on minors’ access in violation of the FTRA.
“Today’s ruling is a victory for our communities, for our youth, and for the fundamental freedom to read,” said Khloe Rios-Wyatt, founding member and CEO of Alianza Translatinx. “The court made it clear that Huntington Beach cannot censor books simply because of whose stories they tell. Representation saves lives, and access to knowledge is essential to dignity and equality for all.”
The city argued that the case was moot because a ballot measure in June repealed Ordinance No. 4318, which had created a 21-member community review board to oversee the library collection. But Martínez found the repeal did not eliminate the restrictions imposed by the resolution itself, which remained enforceable. “Here, there is nothing presented showing the City cannot still act to enforce Resolution No. 2023-41,” she wrote.
The court also rejected Huntington Beach’s argument that the Freedom to Read Act infringed on parental rights. The city claimed the state law unconstitutionally interfered with parents’ ability to control their children’s access to certain books. But the court found that the law applies only to public officials and does not prevent parents from exercising control over their children’s library use. Parents, the court noted, remain free to stop their children from using the library or reading particular books.
“The plain language of the FTRA shows it applies to public officials, not parents,” Martínez wrote. “Parents thus remain free to restrict what materials their children access.”
The ruling emphasized that the resolution conflicted directly with state law. The FTRA, passed in 2024, requires that library jurisdictions cannot deny or restrict access to materials solely because of sexual content unless the content is legally obscene. It also prohibits abridging a person’s right to use a public library based on age. The judge found that the city’s requirement of moving materials to the adult section and requiring parental consent conflicted with these protections.
“Freedom to read is essential to learning and growth,” said David Loy, legal director at the First Amendment Coalition. “The government should not be deciding what library books youth can read.”
The plaintiffs were represented by the ACLU Foundation of Southern California, ACLU Foundation of Northern California, First Amendment Coalition, Community Legal Aid SoCal, and Jenner & Block LLP.
The case drew widespread attention as part of a larger national debate over book bans and access to materials related to gender identity, sexual orientation, and reproductive health. Supporters of the resolution argued it gave parents a stronger role in deciding what materials children could access in public libraries, while opponents said it amounted to censorship and discrimination.
Martínez underscored the broad public interest at stake, writing that the case raised “an issue of broad importance and is capable of recurring because the City can still act to enforce Resolution No. 2023-41.” Even if the repeal of the ordinance weakened part of the resolution, she wrote, the restrictions on access remained in effect.
The court ordered plaintiffs to submit a proposed order and writ of mandate in line with the ruling within 30 days. If finalized, the decision will permanently bar Huntington Beach from enforcing the resolution and reaffirm protections under the Freedom to Read Act for library patrons statewide.
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