in Houston, Texas
Permanently borrowing apparently A-OK
Wed Oct 1 13:13:32 2008 CST
By Crystal Hubbard

I love Netflix, Blockbuster Online, and any other business that allows me to keep their product for an inordinate amount of time. I like these services because the old-fashioned way of renting movies and returning them on time just didn't jibe with my lifestyle: nonchalant. So when I read today's Austin American-Statesman story about people who share my attitude, I was a little sympathetic. At first. And then I realized they’ve been neglecting to return small tractors and the like, and I just frequently failed to return copies of Butch Cassidy and the Sundance Kid or Fawlty Towers. Yes, Virginia, there is a difference.



So you’d think the Austin police might get on that, especially since businesses claim to be losing thousands annually on delinquent rentals. Well, hold your applause, for maybe a month or two.

The Statesman reports that it took three weeks for the Austin Police Department to respond to repeated complaints made by Austin rental business owners who reported missing property. After another week passed, the department finally had something to say, publicly, about the issue.


"Right now I think I need more information to determine whether the criminal code and our policy jibe. I think our legal people are going to have to look at what the law says and what our policy says," Sgt. Richard Stresing told the paper.


While the department owns up to discrepancies between state law and department policies that set requirements for rental contracts, Stresing also said it could be weeks or even months before the policy review produces results. (The police department could just be prioritizing its time to focus on crimes that harm people, not their property. But that defense didn't come up in the story.)


As it stands, department policy allows investigators to drop cases if property is returned. But businesses are understandably upset that the policy also allows renters who keep equipment beyond their rental agreement date to avoid prosecution by simply ... eventually ... returning the product.


Department policy says charges can be pressed if "criminal intent can be proved," by way of repeated violations--something state law does not require. But that can only happen if police are responsive.


"All along I've said that I just want the Police Department to enforce the law that's on the books," said one such violated businessman. Too bad the department uses two different books and plans to take its time deciding which version to read. I'd suggest the Director's Cut, but I think that's just for movies.


(For more background information, see The Statesman's story of September 24, 2008.)


(Photo: Willing to buy stolen property. Photo by flickr user infomatique, used via the Creative Commons license.)



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