Garden City ordinance targets unlicensed, uninsured drivers

By ROXANA HEGEMAN

Associated Press Writer

WICHITA, Kan. (AP) -- Newly revised traffic laws in Garden City that impose mandatory jail sentences for drivers repeatedly caught without a license or insurance have spawned fears among some Hispanics in the western Kansas meatpacking town.

Garden City Mayor Reynaldo Mesa said the traffic ordinance was not meant to single out Hispanics and applies to the whole community. But Hispanic leaders say the measure particularly affects illegal immigrants, because a Social Security number is required to obtain or renew a driver's license in Kansas under a state law that went into effect in July.

"We are finding folks driving with no license, no insurance," Mesa said. "I am not happy doing some of these things, but at some point it is going to have to click: You can't do that. If you don't make an effort to get a license and buy and retain insurance, obviously there are going to be repercussions for that."

The local measure garnered little attention when the City Council passed it last month, but alarm has been growing as more Hispanic leaders learn about it.

"We are just now finding out about it," said Armando Minjarez, community organizer for the southwest Kansas chapter of Sunflower Community Action, a Hispanic advocacy group. "Not a lot of people knew about it. Not a lot of people know about it still. It is pretty scary. People have no idea they are going to be at more risk."

Under the new traffic ordinance, those convicted of driving without a valid driver's license can be fined more than $1,000 and imprisoned for up to six months for a first offense. But repeat offenders face mandatory jail time, which increases for each additional offense to at least 270 days by the sixth or subsequent conviction.

Under the old ordinance, penalties for driving without a license imposed called for a mandatory jail term of 90 days on the third or subsequent convictions, said City Attorney Randall Grisell.

For those convicted of driving without insurance, the new ordinance imposes fines of between $300 and $1,000 and up to six months in jail for a first offense. Mandatory jail terms are imposed for additional convictions -- to at least 60 days in jail for a fourth or subsequent conviction.

The old ordinance did not impose any mandatory jail penalties for driving without insurance, Grisell said.

Hispanic leaders are planning a community meeting on Nov. 3 to allow concerned citizens to discuss the ordinance, Minjarez said.

"We are trying to prevent this area of the state from becoming an anti-immigrant atmosphere," Minjarez said.

Police Chief James Hawkins said his officers issue at least one citation a day to an unlicensed driver in the city of about 27,000 residents.

"We think it is a huge problem," Hawkins said.

Garden City police issued 423 citations in 2005 and 350 citations in 2006 to drivers who did not have licenses, he said. So far this year, police have issued 202 citations for driving without a license.

The numbers of those driving without insurance in Garden City is much higher. Police issued 1,141 citations in 2005 to drivers who could not immediately provide proof of insurance. In 2006, the number fell to 726 citations. So far this year, police have issued 448 citations for lack of insurance.

"We kind of look at citations as education, and obviously it wasn't working," Hawkins said.

It is too early to tell whether the tougher penalties have helped curb the problem, he said.

The issue of unlicensed drivers is expected to grow statewide in the wake of a state law that made it harder for illegal immigrants to get driver's licenses after July 1. Until then, residents had been able to obtain a Kansas driver's license without a Social Security number.

State officials have said 15,000 driver's license holders got their license without a Social Security number.

The Kansas Department of Revenue has also estimated that at least 160,000 Kansas drivers have no insurance.

Estimates put the illegal immigrant population in Kansas at between 50,000 and 70,000.

"On one hand we have big business enticing people to come here for jobs, and on the other hand we are not allowing them to drive to work in a legal manner," said Mario Lopez, a Garden City insurance agent and the mayor's cousin.

Hawkins said he does not know how many drivers issued citations for not having a driver's license or insurance were illegal immigrants. Police do not check immigration status.

"We don't ask. It is not something we need to know as local law enforcement," Hawkins said. "It doesn't matter to us whether they are documented or not as long as they have a valid driver's license."


http://www.hdnews.net/Story/k1049_BC_KS ... 10_24_0828