7 Jan 2014
Overdue library books present a serious economic problem. In Texas, the failure to return books that were checked out has cost libraries, according to one estimate, more than $18 million. But did you ever think you might be arrested as a result of an overdue library book?
That’s apparently what happened to Jory Enck, who checked out a GED book from a public library in Copperas Cove, Texas a few years ago. In the latter part of last year, he was arrested and jailed for allegedly failing to return the book to the library. He was charged under a city ordinance providing for . . . well . . . booking bookworms. The law provides that after twenty days from the due date for the return of a book, a violator is subject to a fine of up to $200 for each offense.
While state law in Texas also covers overdue library books, the offense is punishable only by a fine of up to $100. The municipalities are free, however, to enact ordinances that provide more costly punishments. Texas is not alone in this area. Laws in other states, including Iowa, Vermont and Maine, cover the same issue. In Newton, Iowa, for example, a man spent about a week in jail as the result of failure to return more than ten books and half a dozen CD’s valued at over $700.
With all the talk about overcrowded jails, we should point out that the police in Copperas Cove say that they don’t go looking for library scofflaws. Enck’s arrest came after police were summoned to his home on an unrelated matter, and the warrant based upon the unreturned book popped up.
In any event, Mr. Enck was arrested. While we were unable to find any reports that gave us the final result in his court case, news accounts say that the GED book was returned the day after the arrest. But the most interesting aspect of the story is Enck’s explanation for not returning the book earlier – he told police he checked it out just before beginning a three-year prison term for robbery!
Law Office of David D. White, PLLC
1201 Rio Grande Street #200
Austin, TX 78701
(512) 369-3737