Travis v. Reno

• Decision Date: 09 June 1998
• Docket Number: No. 97-C-701-C.,97-C-701-C.
• Citation: 12 F.Supp.2d 921
• Parties: State Representative David M. TRAVIS, State Senator Fred Risser, State Representative Robert K. Zukowski, State Representative Eugene Hahn, State Representative Michael D. Huebsch, David Zweifel and Pamela Moorshead, Plaintiffs, and Roger D. Cross, in his official capacity as Administrator of the Division of Motor Vehicles of the Wisconsin Department of Transportation, and the Division of Motor Vehicles of the Wisconsin Department of Transportation, Realigned Plaintiffs, v. Janet RENO, Attorney General of the United States, and the United States of America, Defendants.
• Court: U.S. District Court — Western District of Wisconsin

12 F.Supp.2d 921

State Representative David M. TRAVIS, State Senator Fred Risser, State Representative Robert K. Zukowski, State Representative Eugene Hahn, State Representative Michael D. Huebsch, David Zweifel and Pamela Moorshead, Plaintiffs and Roger D. Cross, in his official capacity as Administrator of the Division of Motor Vehicles of the Wisconsin Department of Transportation, and the Division of Motor Vehicles of the Wisconsin Department of Transportation, Realigned Plaintiffs, v. Janet RENO, Attorney General of the United States, and the United States of America, Defendants.

No. 97-C-701-C.

United States District Court, W.D. Wisconsin.

June 9, 1998.

Jon Deitrich, Adelman, Adelman, & Murray, Milwaukee, WI, for Travis, David M., Risser, Fred, Zukowski, Robert K., Hahn, Eugene, Huebsch, Michael D., Zweifel, David, Moorshead, Pamela, Plaintiffs.

Susan K. Ullman, Assistant Attorney General, Madison, WI, for Cross, Roger D., Motor Vehicles of WI Dept. Transp, Plaintiffs.

Craig M. Blackwell, Federal Programs Branch, Washington DC, for Reno, Janet, Defendant.

Leslie Herje, Asst. U.S. Attorney, Madison, WI, for United States of America, Defendant.

OPINION AND ORDER

CRABB, District Judge.

In this civil action for declaratory and injunctive relief, plaintiffs challenge the Driver's Privacy Protection Act of 1994, 18 U.S.C. §§ 2721-2725, which prohibits states from disclosing "personal information" collected by their motor vehicle departments in connection with automobile and driver's license registration except for certain permissible uses. Plaintiffs contend that the act violates the First, Tenth and Eleventh Amendments as well as the Guarantee Clause of Article IV of the Constitution and they seek an order enjoining enforcement of the act. Defendants contend that even if the act runs afoul of the Tenth Amendment, Congress has authority to pass it under the Fourteenth Amendment because it is an attempt to enforce the right of privacy in the nondisclosure of confidential information.

The case is before the court on the motion of defendants Janet Reno and United States of America to dismiss for lack of subject matter jurisdiction and for failure to state a claim on which relief may be granted. In addition, both sets of plaintiffs have filed motions for summary judgment. I conclude that the act forces state officials and state employees to administer and enforce a federal regulatory scheme in violation of the Tenth Amendment. Furthermore, the act is not a valid exercise of Congress's authority under § 5 of the Fourteenth Amendment because the right of privacy does not encompass the type of information covered by the act.

Defendants raise compelling doubts about the standing of the original plaintiffs, Travis, Risser, Zukowski, Hahn, Huebsch, Zweifel and Moorshead, to bring their claims. However, there is no need to reach the merits of these arguments. It is undisputed that the state plaintiffs, Cross and Division of Motor Vehicles, are proper parties to this action; both sets of plaintiffs raise Tenth Amendment challenges; and resolution of this issue in favor of the state plaintiffs is dispositive of the entire case. For the same reasons, there is no need to address plaintiffs' arguments regarding the First and Eleventh Amendments or the Guarantee Clause. The state plaintiffs' motion for summary judgment will be granted, defendants' motion to dismiss will be denied with prejudice and the original plaintiffs' motion for summary judgment will be denied without prejudice.

As an initial matter, I note that even though the State of Wisconsin is not a stranger to this court, the state plaintiffs have disregarded this court's standing procedures to be followed on motions for summary judgment by citing numerous factual propositions not contained in their proposed findings of fact. These proposed facts will be disregarded. For the sole purpose of deciding this motion, I find from the parties' proposed findings of fact and from the record that there is no genuine dispute with respect to the following material facts.

UNDISPUTED FACTS

Defendant United States of America is a sovereign constitutional government of those limited enumerated powers specified in and restrained by the United States Constitution. Defendant Janet Reno is Attorney General of defendant United States and is responsible for the enforcement of the criminal and civil penalties that may be imposed pursuant to the Driver's Privacy Protection Act.

Plaintiffs David Travis, Robert Zukowski, Eugene Hahn and Michael D. Huebsch are duly elected members of the Wisconsin Assembly. Plaintiff Fred Risser is a duly elected member of the Wisconsin Senate. Along with other legislators, plaintiffs Travis, Zukowski, Huebsch and Risser are responsible for making decisions about issues facing state government. Plaintiff David Zweifel is the editor of the Capitol Times, a Madison newspaper, and president of the Wisconsin Freedom of Information Council, an organization composed of representatives of state media outlets dedicated to preserving maximum public access to government records. Plaintiff Pamela Moorshead is an attorney licensed to practice law in the state of Wisconsin. Much of her practice concentrates on the defense of individuals charged with criminal and traffic violations.

Plaintiff Roger Cross is Administrator of plaintiff Division of Motor Vehicles of the Wisconsin Department of Transportation. Plaintiffs Cross, Division of Motor Vehicles and their officers and employees are responsible for implementing the Driver's Privacy Protection Act. They have had to develop a form to ascertain whether individuals requesting driver record information are entitled to personal information under the act. In addition, the state plaintiffs have had to train employees and monitor their compliance with the act, mail a form to bulk mail account holders, review completed forms, answer questions about the act and send forms to individuals upon request. Congress has provided no federal funds to states for such activities. The state plaintiffs have received numerous complaints about restrictions imposed by the act. Plaintiff Division of Motor Vehicles receives approximately $8 million each year in revenue from sales of driving record abstracts to paying customers at a rate of $3 - 4 per record. It is possible that implementation of the act will have adverse effects on this revenue stream.

Recently, the original plaintiffs, through counsel, requested the driver record information of Louis Kent Ostrom of Madison. The Wisconsin State Journal had reported that Ostrom had been arrested for drunk driving and destruction of property while on his way to court for an appearance on an earlier charge of drunk driving. Plaintiffs requested this information to determine whether Ostrom was subject to a court-ordered interlock device and, if so, whether he had complied with that order. Counsel for plaintiffs Cross and the Division of Motor Vehicles refused to grant this request because of the act.

OPINION

A. Motor Vehicle and Driver Record Information under Federal and Wisconsin Law

The Driver's Privacy Protection Act prohibits state motor vehicle departments from disclosing personal information obtained in connection with a motor vehicle record. 18 U.S.C. § 2721. The act defines "personal information" as anything "that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the 5-digit zip code), and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver's status." § 2725(3). There are numerous exceptions to the general rule against disclosure. States must disclose information in connection with various matters related to vehicle and driver safety and to carry out certain federal statutes related to driving and automobiles. § 2721(b). In addition, Congress has provided fourteen "permissible uses" for which information may be disclosed. § 2721(b)(1) -(14). For example, state motor vehicle departments may release personal information for use by a governmental agency, insurer, tow truck operator, or licensed private investigator. Also, information may be released in connection with judicial or arbitral proceedings, for bulk distribution and to anyone who has written permission of the individual to whom the information pertains. Finally, motor vehicle departments may allow individuals to opt out of these restrictions, thereby permitting free disclosure of any information provided to the departments by such individuals. § 2721(b)(11). Authorized recipients of personal information are prohibited from reselling or redisclosing information except as provided in the act. § 2721(c).

State motor vehicle departments, including plaintiff Division of Motor Vehicles, face civil penalties of $5,000 a day for each day they maintain a policy or practice of substantial noncompliance with the act. § 2723(b). Persons who violate the act knowingly, including plaintiff Cross and the officers and employees of plaintiff Division of Motor Vehicles, face criminal fines. § 2723(a). In addition, persons may be subject to individual civil actions for actual and punitive damages and other sanctions for knowingly disclosing, obtaining or using any personal information in violation of the act. § 2724. The act defines "person" as "an individual, organization or entity, but does not include a State or agency thereof." § 2725(2).

Under Wisconsin law, driver license and motor vehicle registration information is a public record. Wis.Stat. §§ 19.35(1)(a), 341.17(6), 343.24(1) and (2m). Custodians of driver record information are prohibited from requiring persons requesting such information to disclose their names or the purposes of their request. § 19.35(1)(i).

B. Fourteenth Amendment

The Supreme Court has indicated that when Congress passes a law pursuant...