State to be Named in Discrimination Suit

New Hampshire's Department of Motor Vehicles is the only DMV in New England with one policy for US citizens, and one for legal non-US citizens.

Lead attorney Chris Wellington with New Hampshire Legal Assistance argues that all legal non-US citizens are entitled to certain constitutional protections.

But she says at least 15 DMV practices discriminate against those people.

4:!3 when they are at Concord, they have been put in a segregated line. They do not stand in the same line as citizens...sometimes stand in long lines, when windows where citizens can be processed there is no line or little use.

In addition, says Wellington, legal non-citizens frequently have to renew their licenses more often.

....The US residents now gets a license for a five year term. Some of our clients are having to renew every single year. Others have had renewals for two years or four years.

Of the entire list, Wellington says two policies stand out.

One requires people to come to Concord for their first license.

The other is that the state doesn't spell out what documents people must bring to Concord.

Last June, DMV Director Virginia Beecher told lawmakers she implemented the policy due to long lines at substations across the state.

TAPE: you go in to get your drivers license. Somebody in front of you, speaks English, they had a difficult time understanding people. Lines of people backed up. So we were receiving comment cards from US citizens complaining they were waiting for 3-4 hours. Or they would come back another day.

Beecher added that without additional staff it would be impossible to change the current practice.

If the Federal Court accepts the suit, it will likely consider whether Beecher's explanation is compelling enough to justify treating people differently.

Courts have some discretion in determining how much latitude a state has in setting its policies.

And in certain circumstances courts have ruled states can legally discriminate.

Some lawyers unaffiliated with the case believe the more leeway the court gives the state, the more likely the state will win.

Nashua attorney Bobbie Hantz says New Hampshire could be on solid ground if it can show the practice is necessary to effectively serve all state residents.

3:53 if it makes it better for everyone to be able to get this stuff done in a reasonable time frame to separate out a group that needs special care, that can be supported. I don't know if it can be supported all the way to making folks drive several hours to one location. Maybe there is an intermediary solution that would be some sub-stations.

Other attorneys say the state could be in a strong position if it built its case on national security grounds.

But plaintiff attorneys are confident the court will hold the state to what's called strict scrutiny.

Plaintiff attorney Chris Wellington says in essence that would require the state to come up with a more compelling justification than what they've used so far.

8:20 ... When states make laws, initiate practices that treat persons differently based on aileinage or citizenship status, that raises judicial suspicion and that the states have to come up with compelling reasons to do that. We don't think the state has even come up with rational reasons for engaging in some of the practices they have promulgated.

The plaintiff's are equally perplexed by the DMV's policies.

The five people signed onto the case are legal immigrants, and each has called New Hampshire home for years.

They come from Democratic Republic of Congo, Sudan, Ireland, Germany and Venezuela.

Theo Ammani says for him, this case isn't about the inconvenience of the DMV policies.
4:46 many people have talked about why people have been sent to Concord...the problem is not the distance you have to travel, it is not even about the financial hardship you need to get the car to pay for gas, it is not the time it takes to get the proper documents. But simply to be treated different. That is the heart of the issue.

Ammani's all the more frustrated because he lives in a small state where public officials pride themselves on being accessible.

He says he and other immigrants have for more than a year unsuccessfully tried meet with Safety Commissioner Dick Flynn.

12:51 we have gone to his office, he has managed to never be there. Even when he knows we are coming. We have invited him in the community to have a chance ot talk to him...he has never showed up. He has never sent a secretary to say I have the flu I can not show up. Nothing. That hurts a lot.

Since the DMV began its practices, people have complained of the difficulty of finding rides to Concord, missing work, the embarrassment of standing in a separate line.

And immigrants from various communities throughout the state have quietly voiced resentment.

But only few publicly criticized the DMV.

Eva Castillo says she has joined the law suit, because she wants other immigrants to know they shouldn't be afraid to speak out.

9:17 I really hope it serves as an eye-opener...I think this is going to help immigrants realize if they organize, they can get their rights. They can stand their ground, they do not have to keep silent, and be fearful...this country was built on the freedom of speech...you should not be afraid to talk, and people are very afraid to talk.

Congolese immigrant Theo Ammani says he's spoken with many recently arrived Africans who are reluctant to criticize the government.

He has lived in Manchester since 1990 and welcomed hundreds of Africans into New Hampshire.

He says what's surprises and concerns people the most about the DMV policy is that it puts people into different categories.

3:32 soemitmes people in our countries, they get categorized. You know about the situation in Darfor, Sudan. You know about what happened in Rwanda. It's about people, like in Rwanda, they had to specify what ethnic group the other is from that ethic group. Opportunities depend on what category you belong to. Here, we were told everybody is equal before the law. Everybody's rights are protected. We couldn't believe that there would be categories of people.

Plaintiffs aren't seeking any financial compensation.

They say they are only interested in changing the law.

For NHPR News, I'm DG.