License revocations stayed for now

Michael W. Hoskins
January 1, 2008
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A panel of the Indiana Court of Appeals has temporarily blocked the state from revoking driver's licenses that don't match Social Security records.

The preliminary injunction came June 6 in a case challenging the Indiana Bureau of Motor Vehicles' invalidations of licenses or identification cards on the sole basis of mismatched records.

The decision comes in Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49A02-0804-CV-00377, which is currently pending in the state's second highest appellate court and is at the briefing stage and hasn't yet been assigned to a court writing panel. The order posted online from Chief Judge John Baker includes concurrences from Judges Nancy Vaidik and Terry Crone, and a dissent from Senior Judge John T. Sharpnack.

Last year, the BMV started using the new screening process of comparing records that about 47 other states use, checking about 6 million records and finding about 206,000 mismatches due to typographical errors, people getting married, or changing their names.

Many were resolved, but the American Civil Liberties Union of Indiana challenged the policy and undertook a class-action suit including about 15,332 people who'd lost their licenses or cards or were threatened with that action. The ACLU argued that state law and the U.S. Constitution don't allow the BMV to revoke licenses just because records don't match.

In April, Marion Superior Judge Kenneth Johnson denied an injunction request and held that the BMV had a strong interest in maintaining accurate records to reduce fraud and identify theft. The judge determined the suit failed to show any harm or hardship to the plaintiffs, which includes South Bend attorney Lyn Leone as a lead plaintiff in the class action lawsuit.

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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.