NORFOLK, Va. ā A judge in Virginia dismissed a lawsuit Tuesday that had sought to declare two books as obscene for children and to restrict their distribution to minors, including by booksellers and libraries.
The books in question were āGender Queer: A Memoirā by Maia Kobabe and āA Court of Mist and Furyā by Sarah J. Maas.
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Both books describe or illustrate sexual acts that prompted the lawsuit. In a petition to the court, Tommy Altman, a Virginia Beach tattoo shop owner and former Republican congressional candidate, said the depictions were inappropriate for children.
Altman asked the court to issue an order under state law against distributing, selling or loaning the books to minors. The suit was filed in April and dismissed Tuesday before it could proceed to trial.
Circuit Court Judge Pamela S. Baskervill struck it down on jurisdictional grounds, citing state law as well as the U.S. Constitution.
For example, Baskervill wrote that Virginia law doesn't give her the specific authority to determine whether the books are obscene for minors.
The judge also wrote that restricting the books' distribution would authorize āprior restraintā of speech and violate the First Amendment. The judge also described concerns about prosecuting someone who didn't know they were selling or loaning books that were deemed to be obscene.
The judge's order comes at a time when book challenges and bans have surged across the U.S. to levels not seen in decades. Virginia has been on the frontlines, with public school curricula and books serving as a major prong for Republican Glenn Youngkinās successful run for governor last year.
Author and publisher groups hailed the judge's decision.
Maria A. Pallante, president and CEO of the Association of American Publishers, said Tuesday that it was an āunequivocal victory for the free speech rights of readers, authors, publishers, booksellers and libraries.ā
Eden Heilman, legal director for the American Civil Liberties Union of Virginia, said āaccess to diverse perspectives is a huge part of our democracy, and any efforts to thwart that are really concerning.ā
Heilman, who represented independent booksellers and other parties in the suit, said her organization will continue to fight such legal efforts.
Many of the targeted books have focused on sexuality, gender identity or race. Kobabe's āGender Queer,ā a graphic novel that contains explicit illustrations of oral sex and masturbation, has served as a particular flashpoint.
The Virginia Beach school board removed the book from school libraries earlier this year, The Virginian-Pilot reported. Schools in Fairfax County, in northern Virginia, also briefly removed it last year before it was reinstated. Loudoun County Public Schools chose to pull the book.
In his petition against the fantasy book āCourt of Mist and Fury,ā Altman said it ācontains pages of extreme sexual conduct not suitable for children as young as 10 years old.ā
In his petition against āGender Queer,ā Altman cited content that illustrates ātwo minors engaged in sexual intercourse," among other actions.
Jeff Trexler, an attorney for the author of āGender Queer," pointed out that Altman was running for Congress when he filed the suit. Altman lost in a crowded Republican primary.
āThis isn't 200 pages of people from various gender identities, having sex and nothing else,ā Trexler said. āIt's an award-winning work as a literary memoir and as a graphic novel. Itās been relevant to lots of people in terms of understanding themselves and their childrenā
Tim Anderson, Altman's attorney, said the lawsuit āwas never never about trying to ban gay literature or trans literature.ā
āThis was simply just saying these (books) have really sexual explicit content and itās not appropriate for kids,ā Anderson said.
Anderson said the suit's intent was changing a state law that determines what is obscene for both children and adults alike. Altman wanted a ācarve out" that deems what's obscene for juveniles specifically.
Anderson, who is also a state lawmaker, said Altman is considering his options following the judge's order. He said one way forward could be a ratings system for books like there are for video games and movies.
āFundamentally, what weāre trying to do is get to a point where parents are more in the driverās seat of what their children are consuming,ā Anderson said.
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Associated Press National Writer Hillel Italie contributed to this report