Huntington Beach Council votes to appeal library ruling

The book battle at the Huntington Beach Public Library continues.

The all-conservative Huntington Beach City Council voted in closed session Tuesday to appeal an Orange County Superior Court judge’s order that the city to return books previously moved to a youth-restricted area to their original locations inside the city’s Central Library.

Judge Lindsey Martinez ruled last month in favor of plaintiffs Alianza Translatinx and three Huntington Beach residents, who sued the city in February, arguing the policy violated the 2024 California Freedom to Read Act.

Martinez also signed a writ of mandate, created by the ACLU Foundation of Southern California and plaintiff Erin Spivey, a Huntington Beach resident and former librarian there, listing actions the city must take. It included removing all signage regarding restricted books, re-establishing a teen section and eliminating parental consent requirements for minors to access library materials.

But now, the youth-restricted section on the fourth floor will remain in place as the city files its appeal.

Announcing the closed-session vote during Tuesday night’s meeting, Huntington Beach City Atty. Mike Vigliotta said outside counsel is working on the Alianza case at no cost to the city.

Jonathan Markowitz, a senior staff attorney with the ACLU Foundation of Southern California, said Wednesday the organization was disappointed the city was continuing its “censorship scheme,” even after repeatedly arguing in Superior Court that the case was moot and stating officials had no ability or plans to enforce its resolution after the public voted to eliminate its community review board.

“Regardless, we are confident in our legal position on appeal,” Markowitz wrote in an email.

Measure A, passed by Huntington Beach voters in June, eliminated the proposed parent/guardian children’s book review board and leaves selection policies in the hands of the director of community and library services.