Court rules state can't meddle with library fees

HERRICK, Mich. (AP) -- State education officials can't interfere with local libraries that charge fees to patrons who live in other communities, the Michigan Court of Appeals said in a decision released Wednesday. In a unanimous decision, the court said the Michigan Department of Education overstepped its role in 2009 when it passed rules saying local libraries could lose their state funding if they didn't treat all library users alike. Judges Henry William Saad, Patrick Meter and Kurtis Wilder said local libraries had a right to treat users differently since residents paid taxes to support them while nonresidents did not. "The Legislature ... explicitly afforded local libraries a large degree of autonomy in their operations," the judges wrote in their decision. "This independence ... gives libraries the option of providing different services to residents and nonresidents." The court upheld the Ottawa Circuit Court's decision to grant Herrick District Library summary disposition. The Associated Press made a request for comment from the education department's spokesman Wednesday afternoon. Published: Fri, Aug 19, 2011