The Texas legislature passed a law in its last session requiring booksellers to rate any books they sell to public schools for its sexual content. And to rate any book they have ever sold in the past to public schools or to teachers.

The law threatens the survival of some 300 independent bookstores across the state. “And by April of next year, every bookseller in the state is tasked with submitting to the Texas Education Agency a list of every book they’ve ever sold to a teacher, librarian or school that qualifies for a sexual rating and is in active use. The stores also are required to issue recalls for any sexually explicit books.”

Small bookstores, like Blue Willow in Houston, may be bankrupted if they are compelled to comply. Blue Willow has two full-time employees and 12 part-time employees. It sells books to 21 school districts. Sales to schools comprises about a fifth of the store’s business.

The law is set to take effect on September 1.

Blue Willow has joined a lawsuit to block the bill. The lawsuit was filed by Austin’s BookPeople, the American Booksellers Association, the Association of American Publishers, the Authors Guild and the Comic Book Legal Defense Fund. “The lawsuit argues booksellers will suffer financial damage if they lose school-related business. Koehler estimates that a fifth of Blue Willow’s business is with schools.”

The legislature doesn’t care about the financial impact on small bookstores like Blue Willow.

Let’s see if the courts do.