‘Tipped the scales in favor of censorship:’ FL parents sue state over book challenge appeal process

ST. JOHNS COUNTY, Fla. — Three Florida parents, including two from St. Johns County, are seeking to nix a state appeals process available to book challengers when their complaints are rejected by school districts.

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The lawsuit, filed in federal court this week, claims Florida’s book challenge process is unfair to those who object to the removal of titles from school library shelves.

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Stephana Ferrell is one of the parents suing the state.

“Not every decision to remove at the district level has been the right one and unfortunately there are only certain parents that get to use a state review process,” said Ferrell.

Ferrell explained the appeals process can only be used to challenge a school district’s decision not to remove a book.

When a district removes a book, like the four recently pulled from St. Johns County school shelves, there’s no recourse for parents who believe the wrong decision was made.

“And we shouldn’t have to file a lawsuit against our districts to question whether or not a decision is right,” said Ferrell.

Additionally, the cost of the state appeals process falls on the district.

RELATED: Tighter book challenge restrictions, but likely to do little to help one local community

Ferrell argued in districts like Clay County, which receives hundreds of challenges from one individual who has promised to appeal any decision to keep a book, the incentives favor censorship.

“You have tipped the scales in favor of censorship at that point, and get as many of those controversial books out of there,” said Ferrell.

We asked the Florida Department of Education for comment on the lawsuit.

“There are no books banned in Florida. However, sexually explicit material and instruction are not suitable for classrooms,” said Florida Department of Education Communications Director Syndy Booker.

RELATED: Gov. DeSantis signs changes to book challenges, charters and higher education into law

The federal lawsuit aims to end the appeals process altogether, and put the final decision making authority back in the hands of the local school districts.

“We should have a process and it should be fair,” said Ferrell.

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