Imagine the surprise of being pulled over for a minor traffic violation and arrested – for having overdue library books. Strange as it sounds, this was the story for one Sweetwater man because of Nolan County Library’s policy of filing criminal charges on people who do not return their library books.
Today, James Fox has criminal theft charges on his permanent record and must explain his “theft of services” conviction to get a job.
This practice has been on the books for years in Nolan County. County Attorney Lisa Peterson said more than 20 people have been arrested in the last 10 years. The crime is a class B misdemeanor with a maximum penalty of six months in jail and a $2,000 fine.
The library staff proposed a plan to get tough on borrowers when their 50,000 book inventory began to walk out the door and not come back. The policy has been under scrutiny because the news media has learned of the policies and practices of the library.
Although the library has come under fire for their policies, more than 80 percent of late materials are now returned, and the policy is viewed as an overall success by the library and county attorney. As for Fox, he pleaded guilty to the theft charges and was ordered to pay a $300 fine, serve one year of probation and commit 100 hours of community service. All this for $29 worth of late fees on four books. Nolan County should take a hard look at this policy to see if the punishment outweighs the crime. As it stands, this is an unfair and absurd practice.
The library should take care of its customers and foster a relationship of respect for the books and other customers who wish to read them, rather than a fear of the law. Turning patrons over to a collection agency might be a more suitable punishment for those who do not return library books. Criminal theft charges should be reserved for people who have a malicious intent to take the property of others.
The library fine is designed as a tool to ensure the prompt return of library materials, protecting the library and the customer and allowing full range of circulation for a book.
The Sterling C. Evans Library at Texas A&M states that its overdue fines are used to further the library’s resources: “monies collected as fines for overdue materials are used by the University libraries to purchase additional library books and other materials in high demand.”
This is how a library should conduct itself. The fines are in place to protect the library and its users, and the proceeds from this will further the scope of the library. There will be no criminal repercussions for not returning a library book, you simply will be denied privileges essential to your education if you abuse the freedom the library has given you.
In the Nolan County Library’s defense, they are offering a valuable, essential service to its city’s residents and they have the right to protect themselves and their services.
Patrons should take library policies seriously and on receiving up to four letters asking for the books to be returned, they should return what they borrow – the books belong to all citizens. This allows every patron to realize the full potential of a library’s resources.
But the punishment should match the crime, and criminal theft charges are a high price to pay for keeping books after their due date.
The moral of the story is to heed library policies and due dates. If one fails to return a library book on campus, the harshest form of punishment will be a block from registration. Sweetwater authorities might just haul the offender to jail.