A federal judge has thrown out a lawsuit from three Florida moms who argued that Florida’s policies surrounding library book removals are unfair.
Last summer, St. Johns County moms Nancy Tray and Anne Watts Tressler joined Stephana Ferrell of Orange City in a lawsuit against the state of Florida.
They argued that the process in which a member of the community challenges whether a book should be allowed in school libraries leaves no recourse for people who want to see books returned to shelves once they’ve been removed.
State law allows for appeals when books are kept on shelves, but not to put them back.
U.S. District Judge Allen Winsor, in the Northern District of Florida, said the system is working the way Florida law intended. He ruled that the entire system for challenging books exists to police what books are on school shelves.
“Thus it makes sense that the State Review Process does not offer parents wanting books retained an opportunity to appeal or otherwise access the process,” Winsor wrote.
The judge gave the plaintiffs 14 days to file an amended complaint, although he said it was unlikely any change could solve the lawsuit’s shortcomings.
The plaintiffs are supported by organizations including the ACLU of Florida, the Southern Poverty Law Center and Democracy Forward.
A spokesperson for Democracy Forward told Jacksonville Today they are disappointed with the decision and they are considering how to move forward.
Winsor was appointed to the U.S. District Court by President Donald Trump in 2019.