LLANO, Texas — A panel of federal appeals court judges have ruled that eight books dealing with subjects including racism and transgender issues must be returned to library shelves in Llano County.
The Associated Press (AP) reports the ruling is a partial victory for seven library patrons who sued numerous library system officials and the county government after 17 books were removed from shelves.
In Thursday's opinion from a three-judge panel of the 5th U.S. Circuit Court of Appeals, one judge voted to uphold a lower court order stating the books should be returned. Another judge largely agreed but said nine of the books could stay off shelves as the appeal plays out. The third judge dissented entirely.
Back in March 2023, a U.S. district judge ordered the 17 books be returned to library shelves while a citizen lawsuit against book banning proceeded. That ruling was on hold during the appeal. Thursday's ruling by the panel of judges was a preliminary injunction and more court proceedings are likely, according to the AP.
The main opinion from Thursday's ruling was stated by Judge Jacques Wiener, who said the books were clearly removed at the behest of Llano County officials who disagreed with their messages.
"But a book may not be removed for the sole – or a substantial – reason that the decisionmaker does not wish patrons to be able to access the book’s viewpoint or message,” Wiener wrote.
The judge who partially agreed, Judge Leslie Southwick, argued some of the book removals might stand a court test as the case progresses, saying some of the books don't really deal with serious subjects.
"I do not find those books were removed on the basis of a dislike for the ideas within them when it has not been shown the books contain any ideas with which to disagree," Southwick wrote.
The judge who dissented fully was Judge Stuart Kyle Duncan, who wrote, "The commission hanging in my office says ‘Judge,’ not ‘Librarian.’ Imagine my surprise, then, to learn that my two esteemed colleagues have appointed themselves co-chairs of every public library board across the Fifth Circuit."
Below is some of KVUE's previous coverage of the book removals in Llano County:
- 'Seems obscene' says federal appeals court judge during hearing for Llano County library book removal case
- Llano County residents react to commissioners' move to keep libraries open
- Book ban lifted in Llano County in federal judge ruling leads to discussion on keeping library open
- After concerns from patrons and employees, leaders say Llano Library property trade not being considered
- Llano County residents sue officials, library director, board members to end book bans