{"id":765,"date":"2011-05-01T05:32:09","date_gmt":"2011-05-01T12:32:09","guid":{"rendered":"https:\/\/vinsuprynowicz.com\/?p=765"},"modified":"2011-05-02T16:33:23","modified_gmt":"2011-05-02T23:33:23","slug":"dmv-scofflaws-imposing-%e2%80%98real-id%e2%80%99-after-legislature-said-%e2%80%98no%e2%80%99","status":"publish","type":"post","link":"https:\/\/vinsuprynowicz.com\/?p=765","title":{"rendered":"DMV scofflaws imposing \u2018Real ID\u2019 after Legislature said \u2018No\u2019"},"content":{"rendered":"<p>Scores of people responded to my column last week, reporting they, too, were told they \u201chad the wrong name\u201d when they went to renew their Nevada drivers licenses. <\/p>\n<p>Perhaps the most moving was that of an 83-year-old woman who moved here from Colorado to help her brother, who\u2019s in a wheelchair and often can\u2019t drive. <\/p>\n<p>Vivian (she asked me not to use her real name) says \u201cI know every word of your story is true, Vin, because it\u2019s word for word what I went through. They said \u2018Your name doesn\u2019t match.\u2019 I said \u2018Doesn\u2019t match what?\u2019 They said \u2018Your name doesn\u2019t match.\u2019\u201d <\/p>\n<p>Turns out the error-prone federal Social Security database links Vivian\u2019s 9-digit Social Slave number to her maiden name. But she uses the surname of her second husband, who died four years ago &#8212; including on her current Colorado drivers license, which is about to expire. <\/p>\n<p>\u201cThey told me to go to the Social Security office and have my name changed back to my maiden name. But I\u2019m a Catholic; I believe I married my husband for life; I\u2019m still married to him even though he died four years ago.\u201d <\/p>\n<p>The DMV refused to accept Vivian\u2019s marriage license because it was issued by the church, signed and sealed by the priest who performed the marriage. <\/p>\n<p>\u201cA church document isn\u2019t acceptable as ID,\u201d confirms Tom Jacobs, the DMV flack who took my call when I tried to reach DMV Director Bruce Breslow. \u201cThere\u2019s something wrong with that story,\u201d Jacobs asserted. \u201cThere has to be a government document on file in the town where she was married.\u201d <\/p>\n<p>Nope. Vivian had her nephew go down to the Office of Vital Statistics in Colorado Springs &#8212; no such document. <\/p>\n<p>So she spent $72 getting her picture taken at the post office and sending in her only birth certificate to the State Department in hopes they\u2019ll send her a \u201cpassport card\u201d which the DMV MIGHT accept &#8212; though she has only a few days left till her license expires. <\/p>\n<p>\u201cThen I guess I\u2019ll just sit around the house,\u201d she says. <\/p>\n<p>\u201cJust get yourself in compliance,\u201d sneer the statists. <\/p>\n<p>\u201cI don\u2019t have that money to spend,\u201d Vivian replies. \u201cWhen you live on Social Security, we haven\u2019t had a raise in what, three years?\u201d <\/p>\n<p>But the most repulsive letters I got last week argued I had no right to criticize the DMV because \u201cIt\u2019s the law; they\u2019re just following orders.\u201d <\/p>\n<p>In the first place, are we really so far removed from the Second War that Americans can no longer recall the sarcasm that dripped from our lips when we used to parrot the defense that the Nazi concentration camp guards were \u201cjust following orders,\u201d as were the German bureaucrats enforcing the laws that Jews had to sew yellow stars on their clothing and the Einsatzgruppen who lined up \u201cundesirables\u201d and shot them after having them dig their own mass graves? <\/p>\n<p>But in the second place, the DMV is NOT obeying the law. The DMV is violating the law, or &#8212; at best &#8212; choosing to obey only the enactments they like. <\/p>\n<p>\u201cDuring my last session in the Legislature, we blocked the federal \u2018REAL ID\u2019 from going through in Nevada,\u201d former state Sen. Bob Beers told me last week. \u201cKathy McClain and I did that, so just because you\u2019re a Democrat doesn\u2019t mean you can\u2019t have privacy concerns.\u201d (McClain is a Las Vegas Democrat.) <\/p>\n<p>Although the 2007 Nevada Legislature did authorize approximately $750,000 to allow the DMV to begin meeting \u201cREAL ID\u201d benchmarks,\u201d that same Legislature also \u201cpassed a resolution in 2007 urging Congress to repeal the act,\u201d (citing cost and driver inconvenience) \u201cand during the 2009 Nevada legislative session, the Real ID implementation bill died before reaching the assembly,\u201d confirms Rebecca Gasca of the Nevada ACLU, at http:\/\/www.aclu.org\/blog\/national-security-technology-and-liberty\/nevadas-real-id-showdown. <\/p>\n<p>Last year, Assembly Transportation Committee chair Kelvin Atkinson told the Reno News &#038; Review, \u201cWe definitely didn\u2019t fund it, and we were delaying it, waiting to see what the feds were going to instruct us to do because a lot of people felt like it was more than likely going away. \u00c9 What we did was totally put it on the back burner.\u201d <\/p>\n<p>(http:\/\/www.newsreview.com\/reno\/real-id-is-coming\/content?oid=1369527) <\/p>\n<p>Lacking legislative approval, Gov. Jim Gibbons &#8212; who as a congressman voted twice for the \u201cREAL ID\u201d national ID card &#8212; in 2010 signed an emergency executive order instructing the DMV to go ahead issuing \u201cREAL-ID-compliant\u201d licenses, claiming the federal TSA grope squad might not allow Nevadans on planes if their state IDs didn\u2019t match the new federal standards. <\/p>\n<p>In fact, the Obama administration has backed away from any such unconstitutional threats (as well as the companion chestnut that the states could lose their highway funds &#8212; a threat that really needs to be answered with a suit before the U.S. Supreme Court, asking that such habitual blackmail be halted by ordering tire and gasoline dealers to remit their excise taxes directly to the STATE capitals.) <\/p>\n<p>\u201cI think that\u2019s bad faith,\u201d says Rebecca Gasca of the ACLU of Nevada. \u201cI mean, if they didn\u2019t actually need the legislature, then why was it considered by the legislature? The DMV tried, multiple times, to have the legislature consider pieces of (REAL ID) legislation. &#8230; It was soundly rejected.\u201d <\/p>\n<p>Emergency orders like Gibbons\u2019 (for the record, there was no \u201cemergency\u201d) are good for only 120 days. So the DMV ran out of any justification to issue real-ID compliant licenses in April of 2010. <\/p>\n<p>What\u2019s their current excuse? Tom Jacobs simply claims they\u2019re no longer issuing REAL-ID-compliant licenses. <\/p>\n<p>\u201cYou went back to the 2009 Legislature looking for authorization to go forward, and they turned you down?\u201d <\/p>\n<p>\u201cCorrect, the Legislature was unwilling to do that so the governor gave us (temporary) authority, But the emergency regulations expired, so we stopped doing it and we have not issued a REAL-ID-compliant drivers license since April 2010.\u201d <\/p>\n<p>Funny. Several DMV employees at the North Decatur office told me last week, \u201cWe\u2019re doing this because of the new federal law &#8230; because of 9\/11\u201d and \u201cThe federal government is having us do this so no one can steal your identity.\u201d <\/p>\n<p>\u201cYou\u2019re requiring that names match the Social Security database, which matches the REAL ID requirement?\u201d I asked Mr. Jacobs. <\/p>\n<p>Yes, he says, but only because \u201cit\u2019s good security; we\u2019ve been doing that for about two years now, since we got the capability.\u201d <\/p>\n<p>\u201cYou\u2019re now requiring drivers who wear glasses to take their glasses off for their photos, just like \u2018REAL ID\u2019 asks you to do, for the facial recognition software?\u201d <\/p>\n<p>\u201cYes, that\u2019s for the facial recognition,\u201d he confirmed. <\/p>\n<p>\u201cYou\u2019re now storing a duplicate file copy of that photo, just as \u2018REAL ID\u2019 requires? <\/p>\n<p>\u201cYes,\u201d but that\u2019s just a coincidence, Jacobs insists. <\/p>\n<p>\u201cThe new licenses require a full residential address, where a mailing address used to suffice; they\u2019ll have a scannable bar code that in future could be used to encode almost anything &#8230; how the heck are these NOT the \u2018REAL IDs\u2019 that the Legislature told you not to create?\u201d <\/p>\n<p>In the first place, the 2007 legislative vote condemning \u201cREAL ID\u201d and urging that it be repealed was \u201cnon-binding,\u201d Mr. Jacobs contends. And the way current DMV procedure differs from what \u201cREAL ID\u201d would have required is that they\u2019re not \u201celectronically archiving\u201d the support documents motorists present, such as birth certificates. <\/p>\n<p>Oh, whoop-de-doo. <\/p>\n<p>Ms. Gasca of the ACLU told the News &#038; Review that it\u2019s been the DMV that has pushed REAL ID all along, applying for grants (more than $5 million worth, Mr. Jacobs bragged to me) and changing cost estimates to move implementation along, all in defiance of the 2007 legislature\u2019s anti-REAL-ID resolution. <\/p>\n<p>Former DMV director Edgar Roberts contended lawmakers were poorly informed when they adopted that resolution. \u201cThe decision was based on many assumptions and unknowns regarding the final rule,\u201d he wrote last year. <\/p>\n<p>Roberts and Gibbons contended all the 2007 Legislature was really concerned about was licenses using radio frequency identification (RFID) chips or any other technology capable of tracking people. <\/p>\n<p>But \u201cJust the mere fact that [RFIDs] are not in the ID doesn\u2019t mean it\u2019s not a federal ID,\u201d Ms. Gasca told the News &#038; Review. \u201cInformation will still be contained on the back of the card and is scannable. There are no prohibitions on how and who can scan that.\u201d <\/p>\n<p>During public hearings on the proposed changes, not one Nevadan testified in favor of adopting the \u201cREAL ID.\u201d Elected officials were also bombarded with phone calls &#8212; a grass roots campaign organized by the ACLU of Nevada and such unlikely allies as the Nevada Families Eagle Forum and Gun Owners of Nevada. <\/p>\n<p>The DMV is part of the \u201cexecutive\u201d branch, so called because they can only \u201cexecute\u201d laws enacted by the Legislature. They are granted no leeway to \u201cfigure\u201d that a legislative joint resolution can be ignored because \u201cThey must have had their facts wrong at the time.\u201d <\/p>\n<p>The Legislature or Gov. Brian Sandoval &#8212; or both &#8212; should order the DMV to cut the crap, immediately. <\/p>\n<p>They claim they stopped obeying the \u201cREAL ID\u201d edicts a year ago. Fine. Unless they can show that a nickname, middle name, or married name is being used for purposes of fraud, instruct them that Social Security numbers are confidential between U.S. citizens and that federal department; they have no right to ask for them, and no one has to \u201cgo get their name changed.\u201d Instruct them to renew current or recently-expired drivers licenses in the name originally issued. Instruct them to seek only a mailing address suitable for sending renewal notices &#8212; our house or apartment numbers have nothing to do with our right to drive. <\/p>\n<p>Illegals are driving around with bogus IDs and not getting arrested; none of this will inconvenience an illegal with a fake ID for as much as a minute. <\/p>\n<p>Let them go back to taking photos of drivers who wear eyeglasses with their glasses ON (assuming we need photos on our \u201clicenses\u201d at all &#8212; it seems to me a certificate that we once passed Driver\u2019s Ed should suffice.) Get rid of the scannable bar codes. <\/p>\n<p>The Legislature said \u201cNo.\u201d So stop telling us you\u2019re \u201cjust obeying the law.\u201d You\u2019re not.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Scores of people responded to my column last week, reporting they, too, were told they \u201chad the wrong name\u201d when they went to renew their Nevada drivers licenses. Perhaps the most moving was that of an 83-year-old woman who moved here from Colorado to help her brother, who\u2019s in a wheelchair and often can\u2019t drive. 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