This ought to be interesting.
A national civil rights organization on Wednesday sued Gov. Greg Abbott and four top officials at the Texas Department of Public Safety, arguing that the state’s Driver Responsibility Program traps many of Texas’ most vulnerable people in a cycle of debt and hardship.
“This unfair license suspension scheme particularly targets Texas’ most impoverished residents, who are often unaware additional charges are owed under the DRP,” says Phil Telfeyan, lead attorney in the case and executive director of Equal Justice Under Law, the organization behind the lawsuit. “Individuals who cannot pay will often lose their job and their home — becoming homeless — for a minor ticket that wealthier drivers simply pay and forget.”
The 66-page suit is filed against Abbott, DPS Director Steven McCraw, as well as DPS Chairman Steven Mach; Skylor Hearn, DPS’ deputy director of Administration and Services; and Amanda Arriaga, division director of the driver license division. The suit argues the Driver Responsibility Program violates the rights of the its plaintiffs to due process, unfairly impacts the state’s poorest residents, and violates their rights to equal protection under the law.
It is brought on behalf of four plaintiffs, ranging from a 75-year-old San Antonio resident, two U.S. Navy veterans and a man experiencing homelessness after he was unable to find adequate work without a license.
There’s a copy of the lawsuit embedded in the article. Equal Justice Under Law is of course one of the groups that has led the litigation against Harris County’s bail practices, so the state is going to have a real fight on its hands. They have filed similar suits in other states, and you can read their statement about this action here. The original intent of the DRP was to generate revenue for hospital trauma centers, and hospital groups have opposed killing this program on the very rational grounds that the Lege would simply not make up the funding to them if this were cut out. I sympathize with their plight, but there really is no justification for this, and it’s ridiculous that a state like Texas, with good financial resources, can’t help out the trauma centers without imposing an unfair and unequal burden on low income residents. It’s time for the DRP to go, and if the Lege won’t do it, the courts will need to. KUT, which notes that there are bills filed, by Democrats and Republicans, to do away with the DRP, has more.