PEN America and Other Plaintiffs in Book Banning Lawsuit, File Motion to Add a New Claim Against Escambia School Board
(MIAMI)—PEN America revealed today that the Escambia County (FL) School Board has returned 24 previously restricted books to school library shelves in a victory for the freedom to read over the discriminatory restrictions at the heart of its lawsuit against the board.
Along with Penguin Random House, authors, and families, PEN America is suing the school district for restricting over 100 books; books by two authors who were original plaintiffs in the suit, David Levithan and Sarah S. Brannen, were among those returned to shelves, as well as one title by children’s author Kyle Lukoff (another of his books remains restricted). Books by other author plaintiffs in the suit, George M. Johnson and Ashley Hope Pérez, also remain restricted.
The plaintiffs celebrate the return of these 24 books to the shelves, signifying at least some recognition of the viewpoint discrimination at the heart of the initial book restrictions. However, despite the return of these titles, the county’s implementation of Florida House Bill 1069 has resulted in many works remaining inaccessible. Consequently, the plaintiffs in PEN America, et al., v. Escambia County School Board filed a motion with the District Court on Friday seeking to amend their complaint to challenge the school district’s indefinite review process.
The lawsuit was initially filed in May 2023 after discriminatory challenges resulted in over 150 books being restricted in Escambia County public school libraries during the 2022-23 school year. The restrictions were disproportionately of books with LGBTQ+, Black, Brown, and Indigenous authors and stories. During the discovery process, the plaintiffs learned that many of the books at issue in the lawsuit are now restricted for review under a new justification: Florida House Bill 1069, which states that any books that are challenged on the basis of alleged sexual conduct must be pulled from circulation within five days, without exception, until the school board completes a review process. To date, the school board has failed to implement such a review process and thus dozens of books remain boxed away, some languishing for up to two years.
“We are heartened that 24 books are back in circulation, and celebrate this victory for the freedom to read,” said Katie Blankenship, director of PEN Florida, on behalf of PEN America and Penguin Random House, “Let this be a lesson that you cannot ban books because you disagree with the ideas in them. We look forward to challenging the system of indefinite review that the judge in this case has already deemed a form of ‘purgatory.’”
Blankenship added, “It is beyond disappointing that Escambia County School Board needs this kind of pressure to simply create a fair review process to restore access to books for their students. More than 100 book titles are currently restricted, including classics and books from newer authors that provide young American children with a robust and diverse education. Enough is enough. PEN America and our allies will continue fighting to return these books to their rightful place in libraries, as long as it takes.”
“With American values and constitutional rights stacked squarely against its censorship, the Escambia County School Board has found another avenue to keep books off of school library shelves: bureaucratic delay,” said Shalini Goel Agarwal, counsel for the plaintiffs and also special counsel for Protect Democracy. “Hiding behind an inchoate review process with no timeline for completion is just censorship by other means. That’s why we’re moving to add a claim about indefinite delay, and why we won’t stop until books are back on shelves, where they belong.”
Counsel for plaintiffs, Lynn Oberlander of Ballard Spahr, said, “We are delighted that these 24 books have been returned to the shelves, and will closely monitor their review. However, our lawsuit against the School Board for unconstitutional viewpoint discrimination in the removal of nine books from the school libraries remains, and we are also challenging the lack of any timeline for the review of over 100 challenged books that remain completely unavailable to students in the meantime. These actions violate the constitution and the rights of students, parents, authors and publishers.”
Sarah Brannen, the author, said: “I’m overjoyed to hear that Uncle Bobby’s Wedding and several other books are back on the shelves at schools in Escambia County. Knowing that a child who might want or need to read my book could have been unable to do so was breaking my heart. I’m so glad children in the school district are free to read again and to learn about the whole world of diverse humanity.”
The Escambia County School Board has lifted restrictions on the following 24 books:
- Allegedly by Tiffany D. Jackson
- Beetle and the Hollowbones by Aliza Layne
- Better Nate Than Ever by Tim Federle
- Born Ready: The True Story of a Boy Named Penelope by Jodie Patterson
- Calvin by JR Ford and Vanessa Ford
- Flor Fights Back: A Stonewall Riots Survival Story by Joy Michael Ellison
- GLBTQ: The Survival Guide for Gay, Lesbian, Bisexual, Transgender, and Questioning Teens by Kelly Huegel Madrone
- Hurricane Child by Kacen Callender
- Julián at the Wedding by Jessica Love
- Maiden & Princess by Daniel Haack and Isabel Galupo
- Melissa by Alex Gino
- Milo Imagines the World by Matt de la Peña
- My Rainbow by DeShanna Neal and Trinity Neal
- Same-Sex Parents by Holly Duhig
- That’s Betty!: The Story of Betty White by Gregory Bonsignore
- The Mighty Heart of Sunny St. James by Ashley Herring Blake
- The Whispers by Ashley Audrain
- The Witch Boy by Molly Knox Ostertag
- This One Summer by Mariko Tamaki
- This Would Make a Good Story Someday by Dana Alison Levy
- Too Bright to See by Kyle Lukoff;
- Two Boys Kissing by David Levithan;
- Uncle Bobby’s Wedding by Sarah Brannen;
- We Are Not Yet Equal: Understanding Our Racial Divide by Carol Anderson withTonya Bolden
Background on PEN America, et al., v. Escambia County School Board
On May 17, 2023, PEN America, Penguin Random House, and a diverse group of authors joined with parents and students in Escambia County to file the federal lawsuit challenging removals and restrictions of books from school libraries that violate their rights to free speech and equal protection under the law.
The suit brought together authors whose books have been removed or restricted and parents and students in the district who cannot access the books, in a groundbreaking challenge to unlawful censorship.
Judge T. Kent Wetherell of the U.S. District Court for the Northern District of Florida heard oral arguments on the school district’s motion to dismiss the case earlier this year; he denied the motion in regards to plaintiffs’ First Amendment claims. Instead, he found standing for all plaintiffs and rejected the school district’s argument that the book removals constitute government speech not subject to First Amendment scrutiny.
About PEN America
PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org.
Contact: Suzanne Trimel, [email protected], (201) 247-5057