Judge Ira DeMent's Ruling on Official English


Judge Rules on Ala. Driver's Test

By Ashley Estes Associated Press Writer Thursday, June 4, 1998; 4:34 a.m. EDT

MONTGOMERY, Ala. (AP) -- When Martha Sandoval's doctor ordered her to stop walking to work, driving was the logical solution. The problem: Mrs. Sandoval speaks only Spanish, and Alabama only offers drivers' license tests in English.

She sued, and a judge on Wednesday struck down the English-only policy, ordering the state to offer tests in other languages.

``A driver's license is necessary to earn a livelihood, to take kids to and from school, to respond to a medical emergency,'' said Richard Cohen, legal director for the Southern Poverty Law Center, which sued on Mrs. Sandoval's behalf in December 1996.

U.S. District Judge Ira DeMent said the policy created ``continuing irreparable injury'' to non-English-speaking citizens. He compared non-English-speaking Alabamians to handicapped, illiterate and deaf applicants, all of whom take special driver's tests.

Under Alabama's policy, interpreters and translation dictionaries were forbidden to applicants.

Because she couldn't pass the test, Mrs. Sandoval, 50, said she began driving without a license after her doctor told her to stop walking to work.

Alabama had offered tests in up to 14 other languages until 1991, after a 1990 amendment to the state constitution declared English the state's official language.

According to the case file, Alabama and West Virginia were the only states requiring English-only driver's license tests.

DeMent gave the Department of Public Safety until July 20 to bring him proposals for implementing foreign-language tests. If the parties fail to agree on the proposals, DeMent said he would mandate policies for the department.

Assistant Attorney General Jack Park said he hadn't seen the ruling and wasn't prepared to comment.


Last modified: June 10, 1998

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