10th Circuit freezes order requiring Colorado school district to put 19 books back on shelves
Published in News & Features
DENVER — The saga surrounding 19 “highly sensitive” books that Colorado’s Elizabeth School District removed from its libraries last year continued Friday as the 10th U.S. Circuit Court of Appeals paused a federal judge’s order requiring the district to re-shelve the titles.
U.S. District Judge Charlotte N. Sweeney on Thursday had denied an appeal from the Elbert County school district and ordered the books be returned by 5 p.m. Saturday.
But the district filed an emergency motion in the 10th Circuit late Thursday and, on Friday, the appellate court issued a temporary stay on the part of Sweeney’s order that required the books be returned to libraries by Saturday evening, according to court records.
The fate of the 19 books — most of which center the stories of people of color or LGBTQ individuals — has played out through a series of court rulings in response to a December lawsuit brought by the American Civil Liberties Union of Colorado alleging the books’ removal violated free speech protections.
Elizabeth school board members voted in the fall to pluck the books — including “The Kite Runner” by Khaled Hosseini, Toni Morrison’s “Beloved” and “The Bluest Eye,” and Angie Thomas’ “The Hate U Give” — from library shelves because they contained passages with sexual activity, “controversial social and political commentary,” “alternate sexualities,” “hate” and abortion.
Sweeney has twice ordered the books be returned to Elizabeth School District libraries, but appeals from the district have stalled those court orders both times.
The 10th Circuit has given the ACLU of Colorado until April 14 to respond, and, after that, the school district will have until April 21 to make any additional reply, according to court records.
Books the Elizabeth School District has removed from shelves
—“The Hate U Give” by Angie Thomas
—“Thirteen Reasons Why” by Jay Asher
—“#Pride: Championing LGBTQ Rights “by Rebecca Felix
—“You Should See Me in a Crown” by Leah Johnson
—“It’s Your World — If You Don’t Like It, Change It: Activism for Teenagers” by Mikki Halpin
—“The Kite Runner” by Khaled Hosseini
—“Beloved” and “The Bluest Eye” by Toni Morrison
—“The Perks of Being a Wallflower” by Stephen Chbosky
—“Looking for Alaska” by John Green
—“Nineteen Minutes” by Jodi Picoult
—“Speak” by Laurie Halse Anderson
—“Identical,” “Fallout,” “Glass,” “Burned,” “Crank” and “Smoke” by Ellen Hopkins
—“George” by Alex Gino
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