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SEPTEMBER 1998

Violates 10th Amendment

Federal judge declares drivers protection law unconstitutional

 

MADISON, WI (9-8-98)--A federal district judge has declared unconstitutional the federal Driver's Privacy Protection Act, according to records of the Western District Court here.

 

The declaration was made by District Judge Barbara B. Crabb, who said in June the Act "violates the Tenth Amendment of the United States Constitution." Losers in the case were Atty. Gen. Janet Reno and the Clinton administration.

 

Those who brought the suit against the feds include a half dozen Wisconsin state representatives, a state senator, and Roger D. Cross, who heads up Wisconsin's Dept. of Motor Vehicles.

 

Judge Crabb's ruling frees up Wisconsin's vehicle information. But it apparently applies only to the Wisconsin District , not elsewhere. No one has so far brought a corresponding federal suit in Seattle's U.S. District Court.

 

The Act has served as the sole basis for the Locke Administration's cutting off access to vehicle license information to selected businesses in Washington state.

 

The state has not said what criteria were used to terminate certain businesses, while allowing others to retain access.

 

Information had been provided via telephone 24 hours a day, seven days a week under the Vehicle/Vessel Information Processing System (VIPS). The system served thousands of Washington businesses, including newspapers.

 

Those who do and don't have access became moot Sept. 4, when Sunnyside's Yakima Valley News published VIPS information it obtained through a public disclosure request. As a result of publication, the Locke Administration shut VIPS down entirely.

 

As a result of the state decision, staff at the state's Department of Licensing must now screen about 1,200 telephone calls a day from businesses who once used the automated VIPS system.

 

State records indicate the Seattle Times retained VIPS access while other news organizations were terminated from the system.

 

Times' investigative reporters told YVN they used the system as they collected information for stories. One reporter, Peter Lewis, said Times staff were "mad as hell" their access had beed denied.

 

Shortly thereafter, the Times--under Lewis' byline-- published an article critical of the YVN and its publisher, Larry Ashby, for publishing state-provided information that led the state to cut off everyone's access.

 

Washington's Dept. of Licensing knows about the Crabb decision in Wisconsin, according to DOL public affairs official Mark Varadian. The Locke Administration, however, has chosen to ignore the federal court ruling.