Nonprofit law firm weighs in as mother faces potential arrest over library fines

BRYAN, Texas (KBTX) – Earlier this week, KBTX shared the story of a woman facing a nearly $600 fine and potential arrest from the City of Navasota because of overdue library books.

Across the nation, many libraries are doing away with late fees altogether. The Bryan + College Station Public Library System has its late fine amnesty program.

The American Library Association said fines and fees create an economic barrier for people looking to use library resources and calls on library systems to update their policies to move away from the practice altogether.

The late fine amnesty program is set to expire in 2025, but it’s something System Director Bea Saba hopes becomes permanent.

“Having this fine-free environment makes it so much more pleasant and affordable to the community,” she said.

Since the program started, she said books are being returned and patrons feel more welcome to visit.

They even included a provision to waive fees for lost or damaged books for outside circumstances, like hospitalization.

“We’re moving with the times and so similarly, we have to look at our policies to reflect the times that we live in and make the change accordingly,” she added.

Kaylee Morgan was pregnant when she checked out the books in Navasota and wound up on bed rest. Although she returned the books, the courts were already involved.

It’s why the Institute for Justice, a nonprofit law firm in Virginia, released a statement condemning the City of Navasota’s actions in her case.

The Institute for Justice specializes in cases relating to what they call government overreach and constitutional violations.

“This law is still on the books and it’s being enforced against other people. We really want the city to change the law,” Erica Smith Ewing, a senior attorney with the firm, said.

Smith Ewing said the issue goes beyond the library policy itself.

“The impact of having a law like this is that people are scared to use their local public library, and that’s something we should be encouraging,” she said.

Morgan’s case raises important legal questions, she said. According to Smith Ewing, this case could be a violation of the Eighth Amendment of the Constitution.

The Eighth Amendment ensures ‘the punishment fits the crime’ and protects Americans from facing a disproportionate penalty.

Smith Ewing said Morgan now has a misdemeanor conviction on her record as a result and her license is still suspended.

According to Smith Ewing, the action taken against Morgan does not line up with failing to turn in a library book on time.

”The Eighth Amendment requires that a punishment fit the crime. So you can’t have a penalty for a crime that’s just totally out of proportion to what the person did, and that’s exactly what’s happening here,” she said.

KBTX reached back out to the City of Navasota for comment and was again directed to their legal team. They said they’d try to reply sometime next week.