Quantcast

Wednesday, July 23, 2014         

 Print   Email   Comment | View 39 Comments   Most Popular   Save   Post   Retweet

Judge likely to let suit over driver testing stand

By Associated Press

POSTED:
LAST UPDATED: 07:31 a.m. HST, Apr 12, 2014


A federal judge is not inclined to dismiss a lawsuit alleging Hawaii discriminates against those with limited English skills by making it difficult for them to obtain a driver's license.

U.S. District Judge Susan Oki Mollway said in court documents that the allegations are thin but sufficient enough at this stage of litigation. She outlined her thoughts ahead of Monday's hearing on the state's motion to dismiss the case.

The lawsuit filed last year by Faith Action for Community Equity was based on Hawaii's English-only policy for obtaining driver's licenses. The state argues the lawsuit should be dismissed because the Department of Transportation began offering the test in various languages last month. But the plaintiffs argue other issues remain, including road testing issues and translation of educational materials, such as the driver's handbook.

Attorneys on both sides declined to comment until after the hearing.

Mollway notes that her inclination is only a summary of her thinking before hearing oral arguments. She is expected to issue a written order after the hearing.

"Assuming the truth of these allegations, the court is inclined to say that plaintiffs' allegations of discriminatory intent are thin, but they barely survive the pres­ent motion," the judge wrote.

Mollway acknowledged that the state has started offering the translated tests but said the state has not proved that is enough to render the lawsuit moot.

"While the state offers evidence suggesting that it was ‘acting in good faith when it changed its policy,' the court is inclined to say that such evidence does not satisfy the state's ‘heavy burden of showing that the challenged conduct cannot reasonably be expected to start up again,'" she wrote.






 Print   Email   Comment | View 39 Comments   Most Popular   Save   Post   Retweet

COMMENTS
(39)
You must be subscribed to participate in discussions
By participating in online discussions you acknowledge that you have agreed to the TERMS OF SERVICE. An insightful discussion of ideas and viewpoints is encouraged, but comments must be civil and in good taste, with no personal attacks. Because only subscribers are allowed to comment, we have your personal information and are able to contact you. If your comments are inappropriate, you may receive a warning, and if you persist with such comments you may be banned from posting. To report comments that you believe do not follow our guidelines, email commentfeedback@staradvertiser.com.
Leave a comment

Please login to leave a comment.
loio wrote:
aren't all the road signs in English?
on April 12,2014 | 06:12AM
Grimbold wrote:
The frivolous plaintiffs including their lawyers should be thrown in jail or deported. How come we let such ignorant fools into the country?
on April 12,2014 | 07:34AM
joseph007 wrote:
Seems like EVERYONE here thinks this is a farce. WHY should people from other countries have tests, voting, etc., in their own language. It's NOT done anywhere else. You go to China, Japan, etc., and demand English and they would tell you to take a hike. We cater to so many people, I am in favor of ENGLISH as the official US language.
on April 12,2014 | 09:09AM
Skyler wrote:
Seriously. It amazes me that people come to Hawaii & demand Gov't. agencies translate everything for them.
on April 12,2014 | 11:24AM
Ronin006 wrote:
Yes, Loio, all road signs are in English, but that could change. If the courts rule that driver license tests must be in the native language of the people being tested, the (il)logical next step will be for some judge to rule that written road signs also must be in the languages of all foreign languages used for testing. That makes perfectly good sense to the senseless.
on April 12,2014 | 12:15PM
tiwtsfm wrote:
Ridiculous. Testing should be in English. It is not discriminatory to expect the residents of country to speak and understand the language of the country. Immigrants are not forced to come here, but come by choice.
on April 12,2014 | 06:33AM
boshio wrote:
Ridiculus law suit. English is the official language of the USA. Any foreigner who moves to america should first be sure they can read and understand the language. All our signs, maps, street signs, etc. are in english. They would be a road hassard trying to read each sign. Look, if you moved to Japan, or, China, would you want to be responsible to have a driver's license when your foreign langiage ability is limited in their country? Only in america can people demand such laws.
on April 12,2014 | 06:59AM
Grimbold wrote:
The problem is when these primitive immigrants from backward cultures come here, they don't follow the laws because they cannot understand them. When you reprimand and try to explain to them they look at you uncomprehending like you are a FATA Morgana. Nobody without sufficient English should EVER be allowed to immigrate!!
on April 12,2014 | 07:40AM
superawsomekaratekid wrote:
ummm...the United States has no "official" language...
on April 12,2014 | 08:39AM
kekelaward wrote:
Thanks to libs.
on April 12,2014 | 11:19AM
superawsomekaratekid wrote:
Your English is also seems quite limited as you cannot spell the words "ridiculus", "hassard", or " langiage". Please understand that America is a proper noun and therefore should be capitalized when used.
on April 12,2014 | 08:45AM
Ronin006 wrote:
You may need to cut bishio some slack. He or she writes like a non-native resident who has made an attempt to learn English, albeit not perfect. But, then again, he or she could be a product of Hawaii’s public school system.
on April 12,2014 | 09:43AM
Skyler wrote:
Oh look. A spelling & grammar nazi.
on April 12,2014 | 11:26AM
superawsomekaratekid wrote:
Funny you call me a "Nazi" because I am pretty sure that was a government all about mandating that everyone looked and spoke the same. If someone did not follow those strict guidelines they weren't asked to leave, no they were gassed, is that our next step? America is a nation of immigrants do not forget that.
on April 12,2014 | 03:40PM
glenn57377 wrote:
They are phonetically just fine. Would you keep running across the street if someone yelled (Whats out! Here cums da buss!)?"
on April 12,2014 | 01:36PM
Larry01 wrote:
Sorry, English is not the official language of the USA (there is none), although it is pretty much the unofficial language. However, with all the typos in your post, you might want to fight for ESL, too. :)
on April 12,2014 | 09:05AM
DanLBoom wrote:
Learn ENGLISH first,before coming to the USA. Isn't English our official language or is it just in Belize?? Imua
on April 12,2014 | 07:54AM
superawsomekaratekid wrote:
The United States has no "official" Language....
on April 12,2014 | 08:40AM
BO0o07 wrote:
The most common language in the United States is known as American English. English is the de facto national language of the United States, with 80% of the population claiming it as a mother tongue, and some 95% claiming to speak it "well" or "very well".[5] However, no official language exists at the federal level. There have been several proposals to make English the national language in amendments to immigration reform bills,[6][7] but none of these bills has become law with the amendment intact. The situation is quite varied at the state and territorial levels, with some states mirroring the federal policy of adopting no official language in a de jure capacity, others adopting English alone, others officially adopting English as well as local languages, and still others adopting a policy of de facto bilingualism.
on April 12,2014 | 08:46AM
BO0o07 wrote:
The most common language in the United States is known as American English. English is the de facto national language of the United States, with 80% of the population claiming it as a mother tongue, and some 95% claiming to speak it "well" or "very well".[5] However, no official language exists at the federal level. There have been several proposals to make English the national language in amendments to immigration reform bills,[6][7] but none of these bills has become law with the amendment intact. The situation is quite varied at the state and territorial levels, with some states mirroring the federal policy of adopting no official language in a de jure capacity, others adopting English alone, others officially adopting English as well as local languages, and still others adopting a policy of de facto bilingualism.
on April 12,2014 | 08:48AM
superawsomekaratekid wrote:
You don't even cite wikipedia?
on April 12,2014 | 09:02AM
DanLBoom wrote:
Thanks
on April 12,2014 | 09:36AM
steveoctober wrote:
What's next, lawsuit over not having the test available in Klingon ?
on April 12,2014 | 08:45AM
Larry01 wrote:
Hey, man. I know a bunch of Klingons who can't wait to start driving.
on April 12,2014 | 09:06AM
kekelaward wrote:
Real klingons don't need no stinkin' license!
on April 12,2014 | 11:21AM
Ronin006 wrote:
I know of no country that allows non-native residents to take driver license tests in a foreign language. Unfortunately, the state has opened the door a crack by giving test in some foreign languages. I am afraid a left-leaning judge will rule the door must be opened all the way to give the test in whatever language the non-native resident demands. With more than 7,000 languages spoken in the world, a nightmare awaits us. We are being Balkanized faster than anyone can imagine.
on April 12,2014 | 09:00AM
DABLACK wrote:
Hey ! This is America, learn english for crying out loud !!! Next they going to ask Obama to change the language to muslim !!!
on April 12,2014 | 09:10AM
Skyler wrote:
No such thing as 'muslim' language.
on April 12,2014 | 11:28AM
Ronin006 wrote:
I know of no country that allows non-native residents to take driver license tests in a foreign language. Unfortunately, the state has opened the door a crack by giving test in some foreign languages. I am afraid the judge will rule a precedent has been set and that the door must be opened all the way to give the test in whatever language the non-native resident demands. With more than 7,000 languages spoken in the world, a nightmare awaits us.
on April 12,2014 | 09:16AM
glenn57377 wrote:
It would not be unreasonable if the local population speaks Spanish as a primary language (let's say, 20 percent) to have a test in that language. Establish a percentile and let the actual population make the decision. Problem solved.
on April 12,2014 | 01:43PM
Ronin006 wrote:
Bull crapo, Glenn57377. I can't believe that anyone would want immigrants to decide how things should be done in the United States to which they voluntarily immigrated.
on April 12,2014 | 08:27PM
Numilalocal wrote:
America is probably the only country in the world (okay, Canada too) that allows folks to take license exams in another language besides english. If someone goes to France or China, would the same option be available?
on April 12,2014 | 10:26AM
Johnmakiki wrote:
So...the State allows non-English speakers to take the driver's test in their own language. What do these driver's do when they see signage on the roads, freeways, flashing signs? Ask for an interpreter?
on April 12,2014 | 10:31AM
kekelaward wrote:
Speed up. Text a friend for a translation. Feign ignorance when asked for proof of insurance and registration by the police after causing a collision.
on April 12,2014 | 11:24AM
kailua000 wrote:
all other states do english and spanish, why do we have to offer more and why do we have to offer spanish at all?? oh wait, didnt President Obama once say we should all learn to speak spanish? LOL had to throw that in.
on April 12,2014 | 10:57AM
kekelaward wrote:
I wouldn't doubt it. That full would say Spanish....when everyone knows it's the Chinese with the money.
on April 12,2014 | 11:25AM
glenn57377 wrote:
My brother was a manager at a company that had so many immigrants working there (seasonal) that he was forced to take Spanish classes. He was not very happy, although, it made business sense. If there is no decently quantifiable reason to learn the language.......forget it.......unless you want to take the classes. I am quite comfortable with English.....as is everyone else I know. It doesn't hurt to pick up a little pidgin....and it is close enough to English to figure out, most of the time.
on April 12,2014 | 01:48PM
entrkn wrote:
We speak English in America.
on April 12,2014 | 11:36AM
mahalokeakua wrote:
Having a driver's license is a privilege, it's not a right! We have the best bus system! I'm sure it will be cheaper the State Human Services Department to offer public assistance for an annual bus pass. This will save the tax payers a lot of money!
on April 13,2014 | 12:43AM
IN OTHER NEWS
Latest News/Updates