Thread: AL: Driver's test can be 'enEspaol'

Driver's test can be 'enEspaol'

Saturday, October 20, 2007

By BOB LOWRY

Times Staff Writer bob.lowry@htimes.com
State Supreme Courtsays examination can begiven in other languages

MONTGOMERY - A sharply divided state Supreme Court on Friday ruled that although Alabama's Constitution makes English the state's official language, it does not restrict offering driver's license tests in other languages.

The high court, in a 5-4 decision, upheld a decision from the Montgomery County Circuit Court to dismiss a case filed in 2005 by the Southeastern Legal Foundation of Arlington, Va., on behalf of five Alabama members of a group called ProEnglish.

The organization sued Gov. Bob Riley and former state Department of Public Safety Director W.M. Coppage, alleging that giving driver's license tests in any language other than English violates Amendment 509 of the state Constitution.

That amendment was ratified overwhelmingly by Alabama voters in 1990.

Chief Justice Sue Bell Cobb, who wrote the majority opinion, quoted the Circuit Court in saying that while English may be the official language of Alabama, "it is not the only language."

Alabama administered the driver's license test in multiple languages from the 1970s until the adoption of Amendment 509. It was halted by the Department of Public Safety in December 1991.

Amendment 509 was challenged in 1996 by the Southern Poverty Law Center and the American Civil Liberties Union as a civil rights violation.

In 1996, a federal judge ordered the state to make the test available in 12 other languages: Arabic, Chinese, Farsi, French, German, Greek, Japanese, Korean, Russian, Spanish, Thai and Vietnamese.

As a result, then-Gov. Don Siegelman decided to resume offering the driver's license exams in multiple languages.

The U.S. Supreme Court in 2001 cleared the way for Alabama to revert to English-only, but Riley refused to do so, even though he supported Alabama's "official English" amendment.

Cobb, a Democrat, was joined in concurring opinions by Republican justices Champ Lyons Jr., Harold See Jr., Patricia Smith and Thomas Woodall.

Justices who dissented were Michael Bolin, Glenn Murdock, Tom Parker and Lyn Stuart.

Riley's attorney argued to the Supreme Court that by giving the test in a person's native language, it would help them more easily assimilate into a community and gain access to education and jobs.

Cobb said the ProEnglish group offered no evidence "as to whether multiple-language testing diminishes or erodes English as Alabama's common language."

In a concurring opinion, Smith wrote that although Amendment 509 guarantees English as Alabama's official language, "it does not expressly require that all government business be conducted in English."

In his dissent, Bolin said driver's license tests are possibly the most common experience where the state and its citizens interact.

"If state officials truly are to maintain English as 'the official language' of this state, can it seriously be questioned but that the state should communicate with its citizens in English, at least where there is no compelling reason for it not to do so?" he said.

© 2007 The Huntsville Times
© 2007 al.com All Rights Reserved.

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" That amendment was ratified overwhelmingly by Alabama voters in 1990."

Looks like once again the government and judges have decided that John Q
Voter does not know anything?

"We the people by the people for the people" has no meaning.

Looks to me like another judge is making his own law and not following the laws of the state.

I went to take my driver's test and it was offered in spanish, signs at the dmv were also in spanish. The only problem is when someone obtains a license who has a limited or no understanding of the english language how are they supposed to obey traffic signs posted in english? It is a safety issue and until each traffic sign is posted in every single language it only makes sense (I guess that's why it's hard for these judges and politicians to grasp that concept) to make the test only available in english. It is not racist or xenophobic, if someone lives and wants to drive in the USA, it is a priviledge not a right, they should be able to demonstrate basic writing and reading skills in english. Next thing you know the citizenship test is going to be offered in multiple languages if it isn't already.

Seems like making English the official language is not enough. We need to ensure that anyone who enters America speaks English. Taxpayers should not paid for giving test in other languages. Our Judges no longer enforce laws, they want to make laws and make political statements.

I am personally disappointed that this ruling came out of Alabama. We thought they were one of the states that were fighting back on every level.

Since it was a 5-4 decision it would be a good one to take up to the U.S. Supreme Court. Sooner or later one will ripen enough to get heard by the high court. Of course, it could be the kiss of death if we don't get the ruling we want.

What about communication with law officers if they are stopped. You are talking about a lot of time and money wasted for translators, not to mention the fraud involved. How many times have you heard of people going scot free because they didn't "understand" the question, the directions, etc.?

Ridiculous!

Im a pilot and English is the ONLY language allowed to be spoken in the air (which pleases me greatly)! If you don't know English, you don't fly and you don't tell others where to fly. Thats how it should be on the ground. Has worked now for several decades-why are these bone heads trying to change it?!?