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re: I'm taking legal action against the Office of Motor Vehicles

Posted on 11/12/24 at 11:50 am to
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29897 posts
Posted on 11/12/24 at 11:50 am to
quote:

Also the first sentence in the second paragraph clearly isn't talking about "Alien Individuals" anymore. These are instructions to the DMV. The instructions to the DMV are very clear that they can't deny someone a license.


There is no section paragraph in that subsection. That is all in one paragraph.
Posted by DCtiger1
Member since Jul 2009
11790 posts
Posted on 11/12/24 at 12:22 pm to
He seems very dense.

Here's the verbaige straight from the LA DMV:

quote:

SOCIAL SECURITY REQUIREMENT
All applicants eligible for a social security number must provide the assigned number when applying for a driver's license. Although the Social Security Number will not be displayed on the face of the license, that number must be entered in the department's internal records.
• Any alien residing in Louisiana who does not possess and is ineligible to obtain a social security number shall be required to furnish a letter from the Social Security Administration stipulating they are "ineligible" or that they "have not been issued" a social security number for a Class D or E driver's license.
In order to comply with the Military Selective Service Act, R.S. 32:40:1321(D)(1), the Social Security Number is required from all male US citizens or immigrants age 15 to 26 who apply for a driver's license. Failure to provide the SSN will result in the denial of issuance


LINK

Congrats on your forthcoming Lawsuit L
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29897 posts
Posted on 11/12/24 at 12:33 pm to
Where was the lawsuit filed? I would love to read the petition.
Posted by cgrand
HAMMOND
Member since Oct 2009
49070 posts
Posted on 11/12/24 at 12:34 pm to
yes me too.
OP has this case been assigned? Who are the named defendants?
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 11/12/24 at 12:37 pm to
quote:

Congrats on your forthcoming Lawsuit.


Come on, you don't think I'd have made it this far without knowing about that document, right?

It's an arbitrary policy that isn't even numbered. The actual policy that you want is this ONE

Follow the law that it's based off of. It tells you that you have to turn over personal information. Go to Administrative code 55 and look at the top of page 93 (I think) It has the definitions of what "personal information" consists of.

Here is the paragraph you just listed in full.

The heading is in BOLD

(vi) Social security number.

Any alien individual residing in Louisiana who does not possess and is ineligible to obtain a social security number shall not be required to furnish a social security number for issuance of a Class "E" driver's license. However, prior to the issuance of a Class "E" driver's license, in addition to other required documentation, the department shall require the alien individual to present a document demonstrating lawful presence in the United States in a status in which the alien individual may be ineligible to obtain a social security number. The list of acceptable documents demonstrating lawful presence shall be determined by the department. The department shall maintain confidentiality of an applicant's social security number. The department shall not deny any person a driver's license or a renewal if that person has not obtained a government-issued social security number based on Section 7 of Pub. L. 93-579 Section (a)(1).

Do you think the entire paragraph pertains to "alien individuals" which isn't the subject of the paragraph or Social Security Requirements which is the subject of the paragraph?

If you answered that the paragraph pertains to the actual title of paragraph, then how do the last three sentences not apply as instructions to "The Department"?

I know folks think I'm 100% wrong but I don't think so.

This post was edited on 11/12/24 at 12:40 pm
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 11/12/24 at 12:42 pm to
quote:

OP has this case been assigned? Who are the named defendants?


Not to my knowledge. I'd rather keep that to myself because someone here would get involved. There are clearly a few lawyers in this thread.
Posted by cgrand
HAMMOND
Member since Oct 2009
49070 posts
Posted on 11/12/24 at 12:43 pm to
quote:

I know folks think I'm 100% wrong but I don't think so
my friend…if it’s impossible to make your case here, how are you going to make it in court? You are relying on subjective parsing of the English language, written by lawyers in this case, and cannot offer a specific injury borne by you due to the common interpretation of that language
Posted by cajungoalie
Baton Rouge
Member since Oct 2008
734 posts
Posted on 11/12/24 at 12:44 pm to
Naming my oldest son a junior after me has been a mild pain in the arse for us, but man this takes the cake bruh. Why you wanna make his life difficult? He still has to pay into SS regardless.
Posted by Camijoe
Member since May 2024
464 posts
Posted on 11/12/24 at 12:45 pm to
You ain't the brightest bulb in the pack, are you?
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 11/12/24 at 12:52 pm to
quote:

my friend…if it’s impossible to make your case here, how are you going to make it in court? You are relying on subjective parsing of the English language, written by lawyers in this case, and cannot offer a specific injury borne by you due to the common interpretation of that language


The petition doesn't mention the state law so it's not material at this point.

If you want to shoot me an email I'll be glad to share some info with you. The folks here seem a bit unhinged so I'm reluctant to share this publicly.

username @ hotmail
Posted by eatpie
Kentucky
Member since Aug 2018
1583 posts
Posted on 11/12/24 at 12:57 pm to
quote:

The department shall maintain confidentiality of an applicant's social security number


Might add this to your court argument about the SSN. As they have not complied with it...
Posted by DCtiger1
Member since Jul 2009
11790 posts
Posted on 11/12/24 at 1:00 pm to
quote:

418. Selective Service registration; age restrictions

A.(1) Any United States male citizen or immigrant who is eighteen years of age or older, but less than twenty-six years of age, shall be registered if he is not already registered, in compliance with the requirements of Section 3 of the "Military Selective Service Act", 50 U.S.C. 451 et seq., when applying to receive or renew an instruction permit, driver's license, commercial driver's license, or identification card.

(2) Any United States male citizen or immigrant who is fifteen years of age, but less than eighteen years of age, shall provide personal information to the office of motor vehicles when applying to receive or renew an instruction permit, driver's license, commercial driver's license, or identification card, for registration with the Selective Service. Upon the applicant attaining eighteen years of age, the applicant shall automatically be registered with the Selective Service.

B. The office of motor vehicles shall forward to the Selective Service System, in an electronic format, the necessary personal information required for registration of any person identified in Subsection A of this Section after receiving the application to issue or renew an instruction permit, driver's license, commercial driver's license, or identification card.

C. The office of motor vehicles shall include the following statement on an application for a permit, license, or card as described in Subsection A of this Section: "By submitting this application, I am consenting to registration with the federal Selective Service System, if so required. If under 18 years of age, I understand that I will be registered when I attain 18 years of age as required by federal law."

D. The office of motor vehicles shall not issue or renew an instruction permit, driver's license, commercial driver's license, or identification card to any person who refuses to provide personal information for registration with the Selective Service in accordance with the provisions of this Section.

Acts 2001, No. 699, §1, eff. Jan. 1, 2002; Acts 2003, No. 373, §1, eff. July 1, 2003.


RS 32:418

You're 100% wrong
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 11/12/24 at 1:03 pm to
quote:

You're 100% wrong


The office of motor vehicles shall not issue or renew an instruction permit, driver's license, commercial driver's license, or identification card to any person who refuses to provide personal information for registration with the Selective Service in accordance with the provisions of this Section.

Please point out where it says "social security number" in the text you highlighted.


If you go to Title 55 where it provides the definitions (page 93) for personal information as it relates to that section of the law you will find the text below.

Chapter 1.Driver's License
Subchapter A. General Requirements
§100. Definitions
A. As used in this Chapter, the following terms have the
meanings described below.
Department-Department of Public Safety and
Corrections, Office of Motor Vehicles, except in the case of
commercial driving schools, in which case department shall
mean the Department of Public Safety and Corrections,
Office of State Police, Safety Enforcement Section.
Driver Privacy Protection Act-the federal Driver
Privacy Protection Act of 1994 (DPPA) (Title XXX of P.L.
103-322), 18 U.S.C. §2721 et seq., as implemented by the
department in the Louisiana Administrative Code, Title 55,
Part III, Chapter 5, Subchapter B.
Personal Information-information which includes the
full name, complete physical address, and date of birth.

AUTHORITY NOTE: Promulgated in accordance with R.S.
32:401 et seq.
HISTORICAL NOTE: Promulgated by the Department of
Public Safety and Corrections, Office of Motor Vehicles, LR
24:2312 (December 1998).
This post was edited on 11/12/24 at 1:07 pm
Posted by DCtiger1
Member since Jul 2009
11790 posts
Posted on 11/12/24 at 1:08 pm to


Are you being purposely obtuse?

quote:

anyone who refuses to provide personal information for registration with the Selective Service


you need a SSN to register for selective service.
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 11/12/24 at 1:10 pm to
quote:

you need a SSN to register for selective service.


Actually, you don't.

Look about half way down the page for the SS requirements from the Selective Service Website FAQ.

What you are looking for is about half way down the page.

If you have a social security number, you are required to provide it. 50 U.S.C. 3802(b); 32 CFR 1615.4(a). However, you are not required to have a social security number to register with Selective Service.
This post was edited on 11/12/24 at 1:12 pm
Posted by AgCoug
Houston
Member since Jan 2014
6671 posts
Posted on 11/12/24 at 1:16 pm to
quote:

The folks here seem a bit unhinged


Posted by Galactic Inquisitor
An Incredibly Distant Star
Member since Dec 2013
18452 posts
Posted on 11/12/24 at 1:17 pm to
quote:

Are you being purposely obtuse?


I see you've never encountered a sovereign citizen before.
Posted by TigerDeacon
West Monroe, LA
Member since Sep 2003
29897 posts
Posted on 11/12/24 at 1:17 pm to
quote:

There are clearly a few lawyers in this thread.


Yeah, and I think all of us are saying you are wrong.

Did you hire an attorney for this or did you file pro se?
Posted by Galactic Inquisitor
An Incredibly Distant Star
Member since Dec 2013
18452 posts
Posted on 11/12/24 at 1:20 pm to
quote:

Naming my oldest son a junior after me has been a mild pain in the arse for us


I've been getting AARP information since I was 13 years old
Posted by eitek1
Member since Jun 2011
2842 posts
Posted on 11/12/24 at 1:29 pm to

quote:

Yeah, and I think all of us are saying you are wrong.



quote:

you need a SSN to register for selective service.


One of them thought you had to have a SS to sign up for Selective Service but that's clearly not correct.

You all may be correct and this is a massive waste of time and you get a great story to tell your buddies.

Plus you got some entertainment here.

My money is spent and things are in motion...
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