Sandoval v. Hagan
Decision Date | 01 January 1999 |
Docket Number | No. Civ.A. 96-D-1875-N.,Civ.A. 96-D-1875-N. |
Citation | 7 F.Supp.2d 1234 |
Parties | Martha SANDOVAL, individually and on behalf of all others similarly situated, Plaintiffs, v. L.N. HAGAN, in his official capacity as the Director of the Alabama Department of Public Safety, and the Alabama Department of Public Safety, Defendants. |
Court | U.S. District Court — Middle District of Alabama |
J. Richard Cohen, Rhonda Brownstein, Marcia Bull Stadeker, Ellen M. Bowden, Mary Beth Schultz, Southern Poverty Law Center, Montgomery, AL, Shannon L. Holliday, Alabama Civil Liberties Union, Montgomery, AL, Edward M. Chen, American Civil Liberties Union, Foundation of Northern California, Inc., San Francisco, CA, Christopher Ho, San Francisco, CA, for Martha Sandoval.
Robert E. Morrow, Dept. of Public Safety Legal Unit, Montgomery, AL, John J. Park, Jr., Office of Atty. Gen., Montgomery, AL, for L.N. Hagan, Alabama Department of Public Safety.
DE MENT, District Judge.
Like forty-eight other states and the District of Columbia, the State of Alabama has historically administered the written portion of its Class D driver's license examination in a multitude of foreign languages. From at least the 1970's until 1991, Alabama's Department of Public Safety (the "Department") administered thousands of written examinations in at least fourteen languages other than English. Former Alabama State Trooper, Lieutenant Colonel Harold Hammond, Chief of the Department's Driver's License Division from 1978 to 1987 and second-in-command of the entire Department from 1987 to 1991, testified that there were no significant problems in administering the examination. There was no evidence that non-English speakers were more likely to cheat. Translations of the English examination were obtained at no cost to the Department. There was no evidence that non-English speakers posed a greater safety risk or had more accidents than other motorists. Although some examiners complained that foreign language examinations were time consuming, the Department provided, and still provides, special accommodations to handicapped applicants, to illiterate applicants by administering oral or audio-taped examinations, and to deaf applicants by administering Sign Language videotaped examinations. Colonel Hammond never considered curtailing or ending foreign language examinations and in fact expanded the program whenever demand was great enough. When asked if he knew of any reason why the State should not continue providing foreign language examinations, he answered "no."
In 1990, the Alabama legislature ratified Amendment 509 to the Alabama Constitution. The Amendment designates English as the "official language of the State of Alabama" and requires state officials to take "all steps necessary to ensure that the role of English as the common language of the state of Alabama is preserved and enhanced." Approximately one year later, because of Amendment 509, the Department adopted its "English-Only Policy," requiring all portions of the examination process, including the written examination, to be administered in English only. Interpreters, translation dictionaries and other interpretive aids were officially forbidden. In practice, however, many of the Driver's License Divisions's branch offices still allow applicants to utilize interpreters for some portions of the examination process, and routinely allow the use of translation dictionaries for the written examination. In addition, the evidence before the court shows that Alabama provides special accommodations during the driver's examination process for illiterate applicants, and handicapped applicants, including those that are deaf. Alabama also permits non-English speaking drivers from other states and foreign countries to drive in Alabama if they have a valid license, and, upon moving to Alabama, allows these driver's to exchange their out-of-state license for an Alabama license without requiring them to take the Department's driving examination. Despite providing special accommodations for all of these categories of drivers, Alabama provides no accommodations for its non-English speaking residents.
Eight months after the implementation of the Department's English-only policy, the Department requested an opinion from Alabama's Attorney General regarding "whether Amendment No. 509 ... prohibits the Department from giving driver license tests in any language other than English." Although the request was signed by the Director of the Department, it was actually written by Mr. Jack Curtis, the Department's General Counsel and an Assistant Attorney General. When the Attorney General's office received the request for an opinion, the project was assigned to Mr. Curtis. In other words, Mr. Curtis, in his capacities as an Assistant Attorney General and General Counsel of the Department, both drafted the request for an opinion and wrote the Opinion itself.
The Attorney General concluded that Amendment 509 required all applicants for driver's licenses to take the examination in English. Although the Attorney General's Opinion acknowledged that the Department's English-Only Policy "might be a violation of Title VI of the Civil Rights Act of 1964, or the Equal Protection Clause of the Fourteenth Amendment, consideration of safety and integrity of the licensing process would, [in the words of the Opinion], support a requirement that driver licensing examinations be given in English ." "Safety and integrity" were provided as rationales for the policy without there being any evidence that non-English speakers were a...
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...origin. The District Court agreed. It enjoined the policy and ordered the Department to accommodate non-English speakers. Sandoval v. Hagan, 7 F. Supp. 2d 1234 (1998). Petitioners appealed to the Court of Appeals for the Eleventh Circuit, which affirmed. Sandoval v. Hagan, 197 F.3d 484 (199......
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Addressing the problem: the judicial branches
...of Alabama found that the State’s policy created a discriminatory disparate impact on the basis of national origin. Sandoval v. Hagan , 7 F. Supp. 2d 1234 (M.D. Ala. 1999). Therefore, the District Court granted Plaintiffs’motion for a permanent injunction enjoining the State of Alabama from......
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Addressing the Problem: The Judicial Branches
...policy in question. 43 38. 42 U.S.C. §2000d (1988) (emphasis added). 39. See 40 C.F.R. §7.25. 40. Id. 41. Id . 42. Sandoval v. Hagan, 7 F. Supp. 2d 1234, 1278 (M.D. Ala. 1998). 43. Georgia State Conf. of Branches of NAACP v. Georgia, 775 F.2d 1403, 1418 (11th Cir. 1985). Page 368 Environmen......
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Addressing the Problem: The Judicial Branches
...VI has been underemphasized and underutilized in the siting of pollu- 41. See 40 C.F.R. §7.25. 42. Id . 43. Id . 44. Sandoval v. Hagan, 7 F. Supp. 2d 1234, 1278 (M.D. Ala. 1998). 45. Georgia State Conf. of Branches of NAACP v. Georgia, 775 F.2d 1403, 1418 (11th Cir. 1985). 46. 40 C.F.R. §7.......
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Addressing The Problem: The Judicial Branches
...The District Court agreed. It enjoined the policy and ordered the Department to accommodate non-English speakers. Sandoval v. Hagan , 7 F. Supp. 2d 1234 (M.D. Ala. 1998). Petitioners appealed to the Court of Appeals for the Eleventh Circuit, which affirmed Sandoval v. Hagan , 197 F.3d 484 (......