Couple Threatened With Jail For Overdue Library Books

[Judi Lynn]

Source: Huffington Post

Couple Threatened With Jail For Overdue Library Books

Talk about throwing the book at them.

 04/15/2016 08:41 pm ET

Michael McLaughlin
Reporter 

A Michigan couple faces more than three months in jail and hundreds of dollars in penalties for two overdue library books.

Catherine and Melvin Duren were arraigned Thursday in Lenawee County Court on a misdemeanor charge of failure to return rental property. If convicted, they could be sentenced to 93 days in jail and fined $500 for a Dr. Seuss title that’s missing and for a novel that they returned late.

The county prosecutor said the case is necessary to protect taxpayers’ money. The Durens said they’re being unfairly harassed over a small mistake.

“We were appalled, totally appalled,” said Catherine Duren, 44, according to ABC News. “We didn’t commit a crime.”


Read more: http://www.huffingtonpost.com/entry/jail-overdue-library-books_us_571173f8e4b0060ccda360f8

[DonCoquixote]

1. when people support prosecutors

they often talk about law and order, yadda yadda, but when the prosecutor turns on small town folks, then suddenly people wonder. If we give prosecutors carte blanche, then they will throw us into the fire all in the name of Taxpayers money (i.e. whatever could be used to cut a tax break for the people who really need to be treated as theives)

[mnhtnbb]

2. Something strange is going on here

They live on Social Security? But she is 44. How old is he?

Why wouldn't they have gone to the library when they first got a letter demanding fines/payment for the books
to straighten it out?

Why do you let lost books escalate to this point?


I once forgot about a book that I hadn't returned to the library and only discovered it when I went
to check out some books--not having done so for a while--and found out I owed $9.00 in fines! What?

Our library sends reminder e-mails for books 3 days prior to their due date. I went back and searched my e-mail: nothing.
Turns out the library had dropped my card because it needed to be reverified where I live and no e-mails are sent
when the card is 'in suspension for address verification'. So, I had fallen into a crack in their system. Once the library realized that, they agreed to waive the $9.00 in fines
after I went home, found the book, and returned it.

Something else is going on with these people that they didn't go to the library to deal with the problem. Mental health issues?

[greymouse]

8. maybe Social Security disability

or hubby is twenty years older or somesuch.

As to not straightening this out originally, some people are just stupid or think the rules don't apply to them. Apparently libraries are now attempting to get the attention of that type of person

[woundedkarma]

14. RTFA maybe?

A son borrowed the library card, borrowed the book for the couple's grandson. The son failed to alert the woman to the late notices. When they found out about it they offered to pay the fines and the replacement for the book. They were then told that they had to pay $200 more to avoid going to jail. In other words, extortion.

The other book was returned to the library shortly after it was lost.

What is strange is the extortion that's happening.

[Sunlei]

22. The "extortion" you're right.'Jail threat' & property seizure is our "tickets & fine based" society.

[christx30]

25. No, sticking a fine on top of the fine

and threatens jail over it is just wrong.

If that happened to me, I'd pay it, then I'd cut up my library card in front of the librarian, and tell everyone what happened. If that happens enough times, they wonder why no one is ever there, and why their budget keeps getting cut.

This is where the "starve the beast" mindset comes from. Some dickhead official thinks up a fun new way of screwing people over. Fines on top of fines. "We know you paid the $55 you owed from late fees. We're going to tack another $300 on top of that. Why? Because we can."
The people being screwed aren't just going to accept this. I already want to go to my nearest voting booth and vote 'no' on bonds for more money for libraries.

[Sunlei]

44. It is a shame all our local small libraries are over-regulated by the communities local 'small gov'

That type of oppressive/unfair, criminalized 'for profit' 'fine system' was declared unconstitutional recently in Ferguson, Mo. Same fine system is used by my small towns neighborhood association to generate revenue. right in their public financial reports, a million in revenue from fines. They use the police and the courts to press criminal charges if people don't pay.

I've always thought our Local governments are the most oppressive on peoples personal freedoms. Once a Local law/regulation is in place it's very hard to remove or change.

Even the big banks have recently tried to fight with local neighborhood associations in the Federal courts and the banks lost. Neighborhood associations can seize peoples homes over unpaid fines and sell off the home to pay the fines. That forces a foreclosure if the family has a mortgage and bank wanted control of the home sale. The courts let neighborhood association win, they retain control of sale money.

No mention was ever made about the real losers, the families who lost their home because they couldn't afford to pay neighborhood fees and resulting fines from unpaid fees.

[1monster]

17. Stuff happens... My son had a bunch of library books out when my husband

suffered a heart attack. Some of the books were in DH's car -- which didn't get driven for six weeks after that. And to be quite honest, the library books were not a priority to me at the time.

Hoever, I did scoop up the books a week or two after they were due and returned them. For whatever reason, (our lives and habits were changed by the medical emergency), we never went back to the library. So, it wasn't until years later that I discovered that one of the books had somehow fallen down the back of the seat and was caught there half behind and half under the car seat.

I guess the library and the state's attorney could have been really nasty had they wanted to... On the other hand, I had made some more than I could afford donations to the library system over the years up to that point...

If these people are on social security at such a young age, they are probably disabled. Sometimes things get in the way of small obligations. Whatever the reason(s), the prosecutor is not saving the county money by purduing this case thusly. He is wasting it BIG time. Given that all we know is what the article states and there could be mote to the story, this looks like massive over reach by the prosecutor.

[SheilaT]

30. My thoughts exactly.

Libraries send you plenty of notices on overdue books, and just ignoring such things is beyond dumb.

The Santa Fe library, where I live, does not charge overdue fines, although they will charge a replacement cost for a lost book. However, if you have a book more than 14 days overdue, your check-out privileges are suspended. And if a book is more than thirty days overdue you'll get a bill for replacement. Much more sensible policy.

But I'll repeat that these people seemed to be somewhat cavalier about the overdue book.

[christx30]

37. Suspending borrowing privilege

is an understandable consequence. A $500 fine and threats of jail? No book on the planet is worth that. Screw the library that does this to people. I'd buy the same book at Barnes & Nobel for like $7. At least with B&N you know there's no risk of your life being seriously disrupted.

[SheilaT]

43. I have the good fortune to live where there are no such stupid fines and threats of jail.

I only wish more places were so enlightened.

When I first lived here, and was returning a book a few days late, I pulled out my wallet fully expecting a fine. Nope, no fines, here I was told. What's really interesting is that I'm vastly better about returning books on time, not late, even with no fines in this city. Hmmm. I wonder if there might be a connection.

[silverweb]

3. A growing trend, apparently.

[font color="navy" face="Verdana"]A number of years ago, I used my library card to take out a book for my daughter for school. She left it in her desk and forgot to bring it home over the winter break. Because she was in a year-round school, the break was more than a month long and the book was very overdue by the time I returned it. The librarian accepted the late book, the fine, and my explanation/apology with a smile, as if everything had been made right.

Months later, I received a bill from the city for $100 to "replace" the book. When I disputed the charge, saying the book had been returned and the fine paid, I was told, "It doesn't work that way anymore." I was threatened with a summons and legal fees if I didn't pay the $100, so I scraped it together and paid it - but said I'd never borrow from that public library system again. I never did and turned to buying used books, instead.

It's a money-making scam, nothing more, just like so many other things.

[noretreatnosurrender]

26. OMG

I've never heard of this. That is totally NUTS!

[silverweb]

31. Exactly my thoughts at the time.

[font color="navy" face="Verdana"]And this wasn't yesterday, but about 10 years ago.

[noretreatnosurrender]

32. Draconian Response

This just blows my mind. Who ARE these people who use such draconian responses to such petty "crimes"?

[silverweb]

34. People who see an easy extortion target.

[font color="navy" face="Verdana"]That's all I can think of.

[noretreatnosurrender]

35. Community Run Library?

Was the library a community run library or a privately run library? Who actually sets their policies? It just seems bizarre to me that they would do this to you or do something like they did to the couple in the op.? It reminds me of something a corporation would do not a library. If I were you I would have been mad. I'd have taken it to court and showed where I paid for the items. Although I'm sure after a couple of months you no longer had the proof and probably couldn't do that. Grrrrrrrr. I know one thing if I ever have this happen to me I will SAVE the receipt and go to court. They probably were counting on people not saving the receipt. What a racket.

[silverweb]

36. City-run public library.

[font color="navy" face="Verdana"]Policies set by the city council, I would assume. Who keeps library fine receipts, anyway? One late book and one fine paid, but "that's not how it works anymore."

Given the time off work and money it would have cost, I couldn't have fought it, especially with the possibility that I could lose against the machine, which would be even more expensive. At the time, I was a low-income single working mom, so I just paid it to get past it.

The same city later hit me with a slew of "unpaid parking tickets" I never got, for a car I no longer owned, about a year after I sold it. Many of them were clearly bogus: Addresses given for places I'd never been and didn't know, places that physically couldn't be parked on along the entire stretch of road described, and places that I'd never go to or park in for any reason. No copies of original tickets were provided, just an "official" computer printout with locations and dates, along with the DMV description of the car and the plate number.

I documented the obviously bogus ones with Google map screen shots where possible, along with my work schedule and dates I was physically out of town. However, I wound up paying about $250, anyway, because I couldn't prove I hadn't been or parked in some locations more than a year prior.

Right-wing Republican mayor and city council at the time, which should come as no surprise. It's extortion from the vulnerable, pure and simple. That's their game. Incidentally, I did have an old car and I do have a Spanish last name - but that couldn't possibly be a related factor here, could it?

[noretreatnosurrender]

38. Damn

That is creepy as hell. It IS extortion. Wow. Yes with your last name it would make it easier for them to identify someone that would probably not be voting for them so they felt safe in doing it. They probably targeted whole communities. Those are the kind of people who need jail time not people with overdue library books. I'm sorry that happened to you.

[silverweb]

42. Me, too.

[font color="navy" face="Verdana"]I feel sorrier for people who were in worse economic shape than me, though. I was lucky - able to get the money together, although it was a hardship. Others couldn't, I'm sure, and suffered more.

We don't live there anymore.

[Alkene]

4. An episode of "Cops"?

Delinquent patrons fleeing partially dressed through their windows, heavily laden with overdue books and dashing into the night?

[smiley]

5. Seinfeld once again...

[secondwind]

6. 44 years old and a grandmother, on medication... Life is not treating her well.. :-(

[bemildred]

7. I guess that's one way to raise money. nt

[malthaussen]

9. And librarians everywhere applaud. n/t

[Ino]

15. Once a year...

the St. Louis City library forgives all overdue fees in exchange for a canned good for its food drive.

I love my library!

[alarimer]

20. Most librarians I know would not applaud this sort of thing

They are some of the best people in the world, but I am biased.

[logosoco]

10. "...necessary to protect taxpayers' money."

How does putting them in jail save taxpayers' money? Doesn't prosecution and housing people in jail COST tax payers money?

Also it says one of the books was returned and they are being charged $500 for a Dr. Suess book. Now, I love Dr. Suess, but any copy that would cost $500 could not even be used by kids. It would have to be pretty special!

How about they have a lien on them for the cost of the book, maybe some late fees and they can't use the library anymore?

[Demonaut]

11. you commited theft against the public..if this were a redbox rental you would expect nothing

less

[christx30]

16. No, if it were a redbox rental,

their card would have been charged for the cost of the replacement, then everyone moves on with their lives.
Unless the goal is to get yet 2 more people into the criminal justice system, and under them thumb of an asshole in a black robe, this is overkill.
Charge them with the cost of replacing the books (probably about $30, MAYBE), and let them go.

[Demonaut]

21. you're right, redbox has your CC as collateral..I guess a CC should be required to check out books

[PSPS]

12. This is clickbait, not LBN

[csziggy]

13. Sounds like one of the schemes to keep poor people in debt

From the link in the OP:

The library is charging the couple $55 in late fees and the cost of replacing the lost book. Catherine Duran said authorities refused to accept her money order in that amount because she and her husband balked at paying $210 to the prosecutor’s office for a “diversion fee.”

Replacing the book should be less than $10 so the total should have been less than $100. Then the county tacks on $105 per person.

Interesting to see a picture of the couple in question: http://www.wxyz.com/news/wife-husband-arraigned-on-charges-stemming-from-late-library-books

I also wonder if the root motivation is in the woman's last comments: I will never go to that library again. I will probably never go to any other library again."

Scare people away from libraries then there is justification for closing them!

[1monster]

18. I should have guessed... They're black...

Tell me again, Justice Roberts, how prootections for people of color are no longer needed because we live in a post racial society.

[csziggy]

19. Even worse in the eyes of some - he's black, she may be white n/t

[No Vested Interest]

23. Wrong approach by library system.

Unless many books (10? 100?) are involved, library should remain an inviting place, recognizing that losing some books is a part of the business.

Retired librarian here.

[fasttense]

24. A fine here, a fine there. Threats of years of jail time for minor civil offenses.

Paying for services that once were provided for free such as Driver's licenses and car registrations. It's a system of taxation that pushes the expenses onto the middle class and poor. The rich don't care if they end up paying these petty fees as long as their huge wealth is not taxed. If the rich were to pay their fair share, this would NOT be so easily implemented.

[noretreatnosurrender]

27. Terrible Prosecutor

And the people who set up a torture regime serve no jail time and there is no fine. The powerful and politically connected literally get away with murder and the little guy gets imprisoned for overdue library books? That's nuts. We really do have perverted priorities in this country.

By the way I can't imagine that most librarians would be for this draconian measure. I remember when the librarians fought against the Bush administration to prevent them from getting information about what kind of books individual people read.

[matt819]

28. Library fines

We all love to chuckle at these sorts of reports of people being arrested for overdue fines.

But there was an article in the NYT (I think) a few weeks ago about a library in CA that had more than $500,000 worth of fines on its books. I hate to be a pain in the ass about it, but that amounts to theft - a lot of theft. So the woman in this story is wrong. They did commit a crime. A small one that was ignored and grew into a big one. The problem is that these losses impose limits on new materials and services the library can offer.

Maybe libraries should change the way they impose fines. That makes sense. But when you borrow books, the operative word is borrow. If you lose or damage the item, pay for or buy a replacement. I've done that, and instead of paying the library $30, I would get the replacement from abebooks for $7 and be done with it.

Yes, the poor and homeless are among library users, and their funds are limited. Fair enough. But being poor or homeless doesn't absolve you of responsibility. If you can't pay for the book in one go, make an arrangement with the library. I'll be that they would be happy to do that. Hell, maybe the library can go ahead and buy the replacement from abebooks rather than through their normal channels. Saves money all around.

Libraries are not and do not want to have adversarial relationships with their users. Maybe they need to articulate their policies in ways that the general borrowing public can understand, even those of limited smarts or resources.

I love my local libraries - one of which charges overdue fees, one of which doesn't - but they exist in a time of tremendous budget cuts. We all need to find a way to move forward.

[llmart]

40. I think there's more to this story.....

than we probably know. Having worked a circulation desk in a public library and then as an administrator, I can tell you that not everyone that patronizes a public library is a delight. Mine is a somewhat small library system and I could write an entire book about the experiences I had with people. As you say, the patron has responsibilities when borrowing items and they could have been repeat offenders. We had a very liberal policy on late charges, replacement costs, etc. and even a fine forgiveness week and still some of the biggest offenders wouldn't make it in to the library during that week to turn in overdue books.

I don't remember any library in our cooperative that would jail someone. There's probably more to this story. We had people come in and steal our DVD's and CD's, and not just one or two. We even had a patron who unhooked a computer and walked out a side door and had an accomplice waiting for it.

Anyone who has ever worked for any length of time in a public library can tell you that they deal with all sorts of people.

[Dont call me Shirley]

29. The library in my town uses a debt collector to get back borrowed books. I do not patronize them

anymore. Our city council, mayor, school board are solely beholden to alec. It's disgusting. Our water rates are the same as Flint and Detroit. Now they want to start fracking in our small city. These "people" are nuts.

It used to be a strong Democratic town. Then all the fundy churches moved in like gd leeches and changed the dynamic to teabaggerry nutbags.

On edit: The stupid residents of the city voted in a voter ID law.

[noretreatnosurrender]

33. Debtors Prison?

If convicted, they could be sentenced to 93 days in jail and fined $500 for a Dr. Seuss title that’s missing and for a novel that they returned late.

If they are too poor to pay the fine off they go to jail. Hmmmm. Maybe someone at Goldman Sachs can lend them the money so that they don't have to do jail time for their library books. Oh what am I thinking. There is no way Goldman Sachs would help out the "little people" among them.

[Kaleva]

39. Gitmo isn't good enough for that couple!

We can sleep easy at night knowing Mr. Bookman is doing his job.

[Person 2713]

41. Michigan is so F'd up now. They already paid $85 for two books.Now, $500.& jail time

[sendero]

45. Their liability...

... should be capped at the cost of replacing the books, period. $500 in fines for a $20 book? Ridiculous.

[3catwoman3]

46. Ah, memories!

When my now-retired-pilot husband and I were first married, he was stationed at KI Sawyer AFB in the upper peninsula of Michigan in the KC-135 air refueling group. I had been in the Air Force also, as a pediatric nurse practitioner. How different it was to change from being a fellow officer to a "dependent wife." (Always hated that term). One's spouse is referred to as one's "sponsor," and everything you do is based on your sponsor's rank and social security # - even taking out books from the base library. I couldn't do it under my name, I had to do it under his.

I once had a quite overdue book. A report was sent to my husband's squadron commander, stating I was in possession of "stolen government property." Seemed rather over-the-top. A courteous call from the library would have been much more civil.