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Hispanics allege bias at testing stations :mex:
Suit says 'certificates of driving' discriminatory, not security step
By Colin Fly, The Associated Press
July 14, 2004
NASHVILLE - Clerks at Tennessee driver's license test ing stations are confiscating identification documents and belittling Spanish-speaking residents, a federal lawsuit alleges.
The lawsuit against the state was filed Monday by the League of United Latin American Citizens on behalf of three Nashville residents who failed to qualify for a Tenn
ssee driver's license.
It also says the plaintiffs and others were mistreated at driver testing stations in Nashville.
The challenge of the constitutionality of the new law comes
two we
eks after the state unveiled the cards for its new "certificate of driving" program for people who pass Tennessee's driving test, but can't prove U.S. citizenship.
Plaintiffs' attorney Jerry Gonzalez
said he is seeking class-action status for the lawsuit. He contends the state is using the crutch of homeland security to enforce a discriminatory program.
"Shame on the governor for suggesting that it is a homeland security issue," Gonzalez said. "Clearly, these people aren't security threats."
But Rep. Phillip Pinion, the Union City Democrat who sponsored the legislation, said that it is a vital way to track people in the state.
"We're not going to give them a driver's license, but they are going to drive anyway, so if
they get a certificate to drive, we have a record," Pinion said. "It stops them from using that driver's license as a means of identification as the terrorists did on 9/11 when th
ey got on
the airplanes."
Plaintiff Geraldine Gurdian presented her Nicaraguan passport, Florida driver's license and permanent resident card to a Tennessee Department of Safety clerk at a driver's testing station.
The complaint states that the clerk told her she was going to keep th
e documents. It also claims that when Gurdian asked for a telephone number so she could retrieve her documents, the clerk laughed and said, "You don't even know English," and "honey, they will contact you."
Gurdian left the driver license station "crying, embarrassed and afraid, without her documents," according to the suit. Gonzalez says Gurdian speaks perfect English.
The confiscation of documents is a common practice that is in violation of a person's Fourt
h Amendment rights against unreasonable search and seizure, the lawsuit alleges.
The lawsuit also claims that an official at a testing station didn't recognize a person born
in Puerto Ric
o was a U.S. citizen.
It also says another clerk asked a man with limited English proficiency what colors the Puerto Rican flag were and stated "Puerto Ricans know English and you don't."
"They were insulted, mistreated and patronized for no other basis other than they are Hispanic," Gonzalez said. "I dare say somebody that moves here fro
m Oklahoma isn't going to be quizzed about the colors of their state's flag."
Hispanics allege bias at testing stations :mex:
Suit says 'certificates of driving' discriminatory, not security step
By Colin Fly, The Associated Press
July 14, 2004
NASHVILLE - Clerks at Tennessee driver's license test ing stations are confiscating identification documents and belittling Spanish-speaking residents, a federal lawsuit alleges.
The lawsuit against the state was filed Monday by the League of United Latin American Citizens on behalf of three Nashville residents who failed to qualify for a Tenn
ssee driver's license.
It also says the plaintiffs and others were mistreated at driver testing stations in Nashville.
The challenge of the constitutionality of the new law comes
two we
eks after the state unveiled the cards for its new "certificate of driving" program for people who pass Tennessee's driving test, but can't prove U.S. citizenship.
Plaintiffs' attorney Jerry Gonzalez
said he is seeking class-action status for the lawsuit. He contends the state is using the crutch of homeland security to enforce a discriminatory program.
"Shame on the governor for suggesting that it is a homeland security issue," Gonzalez said. "Clearly, these people aren't security threats."
But Rep. Phillip Pinion, the Union City Democrat who sponsored the legislation, said that it is a vital way to track people in the state.
"We're not going to give them a driver's license, but they are going to drive anyway, so if
they get a certificate to drive, we have a record," Pinion said. "It stops them from using that driver's license as a means of identification as the terrorists did on 9/11 when th
ey got on
the airplanes."
Plaintiff Geraldine Gurdian presented her Nicaraguan passport, Florida driver's license and permanent resident card to a Tennessee Department of Safety clerk at a driver's testing station.
The complaint states that the clerk told her she was going to keep th
e documents. It also claims that when Gurdian asked for a telephone number so she could retrieve her documents, the clerk laughed and said, "You don't even know English," and "honey, they will contact you."
Gurdian left the driver license station "crying, embarrassed and afraid, without her documents," according to the suit. Gonzalez says Gurdian speaks perfect English.
The confiscation of documents is a common practice that is in violation of a person's Fourt
h Amendment rights against unreasonable search and seizure, the lawsuit alleges.
The lawsuit also claims that an official at a testing station didn't recognize a person born
in Puerto Ric
o was a U.S. citizen.
It also says another clerk asked a man with limited English proficiency what colors the Puerto Rican flag were and stated "Puerto Ricans know English and you don't."
"They were insulted, mistreated and patronized for no other basis other than they are Hispanic," Gonzalez said. "I dare say somebody that moves here fro
m Oklahoma isn't going to be quizzed about the colors of their state's flag."
ity: