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Friday, August 12, 2005

Ind. Decisions - More on Court throwing out BMV identification rules

Well, I've been checking to see if any of the local news services have picked up this important story yet, reported here on the ILB at 10:45 a.m. (scroll down two), but so far, no. I will post their reports here, when I locate them.

[Update: 5:30 pm] Here is a just posted report by the Indianapolis Star's Michele McNeil headlined "Court throws out BMV's strict ID rules." Some quotes:

The Indiana Court of Appeals today threw out the strict identification requirements for obtaining a driver's license or state ID card, ruling that the Bureau of Motor Vehicles didn't follow the law in creating the new standards.

But those who go to a license branch in the coming days won't notice a difference.

BMV spokesman Greg Cook said his agency is reviewing the decision, but that the rules will remain in effect until further notice. The agency could decide to appeal the decision to the Indiana Supreme Court.

Interesting approach, as the court's ruling means these are not properly promulgated "rules" and thus have never been in effect, legally. More:
The court of appeals, in a unanimous decision, said simply holding a news conference and publishing the rules in July 2002 wasn't good enough. The BMV must follow the rule-making process, which allows for public input, before making sweeping changes in how Hoosiers get their driver's licenses, permits and identification cards, the judges wrote. * * *

[T]he judges said the BMV must follow the rule-making procedure, which requires that proposals be published, and public comment be sought. That's what advocates for the Hispanic community, particularly, urged the BMV to do back in 2002. Even Attorney General Steve Carter, who is now defending the BMV on behalf of the state, urged the agency three years ago to adopt formal rules.

[Update 8/13/05] Mike Smith of the AP has this story today - the Louisville Courier Journal appears to have the complete version. it concludes:
Bureau spokesman Greg Cook said the agency had no comment on yesterday's ruling because it involved pending litigation. He said current requirements would remain in place during branch operations today.

Fran Quigley, executive director of the Indiana Civil Liberties Union, said he was pleased with the ruling, even though the court did not address the constitutional claims. "We are obviously very pleased by the clear and strong decision that the (bureau) needs to follow appropriate rule-making procedures," he said.

Posted by Marcia Oddi on August 12, 2005 01:40 PM
Posted to Indiana Decisions