A $100 fine should never equal jail time

For some people, a parking ticket is a minor hassle at most. For others, through no fault of their own, a ticket can unravel their lives and livelihoods as fees quickly multiply and the stakes rise by the day.  

Across the country, states impose fines and fees for everything from loitering and jaywalking to low-level traffic citations, such as speeding or parking violations. These frequently cost people far more than their face value. Often, these fines are compounded with court fees, regardless of whether the person even goes to court. In other instances, the stakes are higher, and an inability to pay can quickly lead to fees multiplying, driver’s license suspensions, water shutoffs or even jail time. As families and neighbors help cover costs, a simple ticket can suddenly unravel the health and economic well-being of entire communities. 

Black and Brown communities and those with already low incomes bear the brunt, despite evidence showing them to be no more likely than white communities to commit crimes. A 2017 report from the U.S. Commission on Civil Rights, for instance, found that “municipalities that excessively fine their residents have a larger percentage of African-Americans and Latinos.” These charges, woven into the fabric of state laws and budgets, are perpetuating health and wealth inequities nationwide.  

States and localities must enact reforms to fix this system that has long been broken. Over the past decade, several states have begun to change their laws to remove unjust or inequitably implemented fines and fees, while finding new, more equitable ways to fund their budgets. This work is happening, in large part, because of the advocacy from organizations such as the Fines and Fees Justice Center, a grantee of the Robert Wood Johnson Foundation where I serve as program officer. In 2018, for example, California became the first state to abolish all administrative fees in juvenile delinquency cases; Nevada and Maryland quickly followed. Last year, New Mexico lawmakers voted to eliminate post-adjudication and bench warrant fees. Lawmakers nationwide should adopt these successful models to eliminate racist charges and create budgets that serve the health and well-being of all people.  

Predatory Fees and Poverty

Fines and fees are deeply rooted in our country’s history of racism. In the Reconstruction era, many states, primarily in the South, found loopholes in the Constitution—known as Black codes—to over-criminalize certain activities. These states disproportionately charged and imprisoned newly freed African-Americans for joblessness, loitering, vagrancy and more. 

While much has changed since the 19th century, cities and states have continued to build their budgets around fines and fees, using them to fund the justice system and other unrelated government programs, including sheriff pension funds. In Chicago, for instance, fines and fees account for about 8% of the city’s budget. Hundreds of smaller cities generate between 10% to 20% of their revenue from the profits. Often, the funds collected from Black and Brown communities and communities with low incomes are used to fund projects in white and higher-income neighborhoods. Take Alabama, where more than $300,000 in fees imposed on court filings—primarily in majority Black, low-income communities—help fund the well-maintained grounds of the American Village in Montevallo, located in wealthy Shelby County.   

Perversely, people are paying into the systems designed to oppress them. State governments’ budgetary dependency on these funds has perpetuated the disproportionate targeting of communities of color, people with low incomes, and disabled populations—all of whom already experience poverty and health inequities at much higher rates than white communities. Even if some fines could potentially be deemed necessary to deter dangerous conduct, many fees imposed on individuals are simply not necessary and are levied solely for punitive or revenue-raising purposes. For example, some individuals who are never prosecuted in court must still pay a prosecution fee.

Solutions That Work

Recognizing these inequities, many states and cities have eliminated oppressive and unjust fines and fees and found more equitable ways to fund government programs and services. 

Last year, Nevada eliminated “pay-to-stay” fees—which charge people room and board fees up to $80 per day during their time in jail—as well as medical co-pays and mark-ups on hygiene products in all state prisons. 

Several states have also eliminated fees for prisoner phone calls, which posed significant financial burdens, primarily on women who acquire debt just to stay connected. Removing these fees has allowed more finances to remain in the community, while improving the overall health of incarcerated individuals and their loved ones. 

These kinds of reforms don’t mean crimes are no longer enforced or that people don’t have to take accountability for their actions. Rather, they ensure fines are equitably implemented and commensurate with the infraction.  

These reforms are a start, but states must do more. States and cities should ensure that a failure to pay fines and fees does not result in criminal charges, which further traps people in debt. Governments must evaluate their budgets to fund the criminal justice system and other programs and services without relying on exploitative fines and fees. And any necessary fines should be enforced equitably, not targeting certain neighborhoods more than others.  

A minor ticket should never put one’s livelihood at risk. It’s morally imperative that states correct past harms and rewrite the status quo to build a healthier, more equitable future for all.  

Brooke Tucker, J.D., is a civil rights lawyer and program officer at the Robert Wood Johnson Foundation.