Sacramento Bee: ACLU sues Northern California court over license suspensions

Original article can be found in the Sacramento Bee

Written by Janie Har, Associated Press

The complaint filed in Solano County Superior Court by the American Civil Liberties Union of Northern California and others claims the court’s actions violate both the state’s vehicle code and due process protections.
The legal action comes as lawmakers across the country are recognizing the impact of escalating fines and fees on impoverished people who either go into debt trying to pay off the ticket, or face suspension of critical driving privileges needed to work.
Last year, California Gov. Jerry Brown announced an amnesty program for certain drivers, calling the traffic court system a “hellhole of desperation” for the poor.
“We are asking the courts to stop funding their operations off the backs of poor people,” said Rebekah Evenson, director of litigation and advocacy at Bay Area Legal Aid, which is helping with counsel.
“A driver’s license is a fundamental right; it is the key to economic survival for most people,” she said.
Brian K. Taylor, Solano County court’s executive officer, said Wednesday that he was prohibited from commenting on pending litigation.
In its complaint, the coalition argued that courts can only act to suspend licenses for failure to pay if the driver “willfully” failed to do so. The coalition says that an inability to pay is not the same as a willfully failing to pay.
The ACLU sent Solano County, which is northeast of San Francisco, a demand letter in April requesting that it stop the practice. At the very least, the coalition requested that the court inform defendants they can seek a payment installment plan or a judicial determination of their ability to pay.
The coalition has notified 17 other counties, including San Diego, Sonoma, Fresno and Merced, that their suspension practices are illegal and unconstitutional. It has reached out to nine other counties to talk about their practices.
The individually named plaintiff in the lawsuit is Henry Washington, who was ticketed in Solano County in 2010 for driving an unregistered vehicle that he had purchased to take his brother to medical appointments.
Washington couldn’t register the car because it could not pass a smog test. He was too poor to pay the fine and his license was suspended.