(EL PASO COUNTY, Colo.) — The 4th Judicial District Attorney’s (DA) Office has completed its review in response to a conservative petition concerning “obscene” books available in local school libraries, and the DA said no criminal actions could be taken.
Multiple conservative groups filed a petition with the DA’s office in November, seeking criminal charges for what it deemed “obscene” material available in local school district libraries. The petition specifically cited Colorado’s obscenity laws as the grounds to bring felony charges against anyone involved in promoting or possessing the “obscene material.”
In a letter issued on Dec. 21, DA Michael Allen said there is insufficient evidence to bring about any criminal charges, and therefore no further steps would be taken against anyone in connection to local school districts.
“Ultimately, there is insufficient evidence to support your allegations of criminal conduct related to promotion of obscenity to minors due to specific books being available in El Paso
County public school libraries,” DA Allen said. “There is also insufficient evidence to pursue an injunction against schools for promotion of obscenity. Because the allegations are not supported by sufficient evidence, no criminal charges will be filed, and no injunction sought by this office.”
The DA also suggested that parents are within their rights to challenge what books are available to children in schools, but any changes sought on that front are to be addressed in discussions between parents and school boards, not local governments. The DA went on to comment that seeking criminal charges on the basis of a disagreement is not only harmful to those involved, but it undermines the community’s trust in the criminal justice system.
“The criminal justice system in the United States should not be weaponized against political or social opponents based simply on disagreements, and the misuse of the prosecution process only erodes trust in an essential function of our shared government,” DA Allen said.
DA Allen concluded by stating that, just because some members of the community may find material contained in a book to be offensive, the books cited in the petition do not constitute “obscenity” by legal standards, and reiterated that prosecuting on these grounds would not be prudent on the part of the justice system.
“While the books cited in your letter are clearly offensive to some members of this community and perhaps others in the State of Colorado, they do not rise to the level of criminally obscene material. Engaging the immense power of this office to prosecute individuals for promotion of obscenity to minors, based on certain books being available in school libraries, would be an unethical abuse of power. The question of whether those books should even be available in school libraries is one that school boards are equipped and mandated to take on.”
4th Judicial District Attorney Michael Allen
