A judge says a 7-year-old can be forced to testify about library book access in a Florida school district

©2024 The News Service of Florida

A federal judge this week backed the Escambia County School Board’s arguments that it should be able to take a deposition of a 7-year-old student who is part of a lawsuit over the board removing and restricting school library books.

U.S. Magistrate Judge Zachary Bolitho rejected a request for a protective order that would have shielded the child, identified by the initials J.N., from having to testify in a deposition.

The request was filed by the child’s mother, Ann Novakowski.

J.N. is a plaintiff in the case through her mother.

Bolitho wrote that by having a “young child serve as a plaintiff, it should have been anticipated that the young child would be required to be deposed and to ultimately testify at any trial.” He also wrote that he did not think deposing Novakowski would be an “adequate substitute” for taking testimony from the child. “Only J.N. can testify as to her thoughts, interests, desires, and efforts to access the books at issue in this case,” he wrote in the order Monday. “And those issues are critical ones in this case, especially as it relates to J.N.’s standing to bring this lawsuit.”

Nevertheless, Bolitho limited the child’s deposition to 90 minutes and said a parent could be present.

Novakowski and J.N. are part of a group of plaintiffs who filed the lawsuit alleging that the Escambia board’s decisions to remove or restrict access to numerous library books violated First Amendment rights.

Escambia County has become a battleground amid controversy in Florida and other states about school officials removing or restricting books.